Rushna Nazar Laskar vs The State Of Assam And 12 Ors
2022 Latest Caselaw 4704 Gua

                                                            Page No.# 1/8

GAHC010241192022




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : WP(C)/7558/2022

         RUSHNA NAZAR LASKAR
         W/O- NAZRUL ISLAM LASKAR,
         R/O- VILL.- DAKHIN NOWABIL,
         PO- AMBARI, P.S.- MURAJHAR,
         DIST- HOJAI (ASSAM),
         PIN- 782445.



         VERSUS

         THE STATE OF ASSAM AND 12 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO PANCHAYAT
         AND RURAL DEPARTMENT,
         GOVERNMENT OF ASSAM,
         DISPUR, GUWAHATI-781006.

         2:THE DEPUTY COMMISSIONER

         SANKARDEV NAGAR
         HOJAI.
         DISTRICT- HOJAI
         ASSAM

         PIN- 782442.

         3:THE CHIEF EXECUTIVE OFFICER

          HOJAI ZILLA PARISHAD

         P.S. AND DIST.- HOJAI
         ASSAM

         PIN- 782442.
                                     Page No.# 2/8


4:THE BLOCK DEVELOPMENT OFFICER
 BINNAKANDI DEVELOPMENT BLOCK

DIST.- HOJAI
ASSAM.

5:THE PRESIDENT
 BINNAKANDI ANCHALIK PANCHAYAT
 PO AND PS- DOBOKA

DIST- HOJAI
PIN- 782440.

6:THE SECRETARY
 JOYNAGAR GAON PANCHAYAT
 PO- JOYNAGAR
 P.S.- MURJHAR

DIST.- HOJAI
PIN- 782445.

7:NAZIR AHMED CHOUDHURY
 S/O NURUZZAMAN CHOUDHURY

VILL.- SAHARAN

PO- JOYNAGAR (MADRASSA)

PS- MURAJHAR
ASSAM.
PIN- 782445.

8:SALEHA BEGUM
W/O- JAKARIYA AHMED

VILL- SUTARPUR
PS- MURAJHAR

DIST.- HOJAI. ASSAM. PIN- 782435.

9:AMIN UDDIN
 S/O- ARJAN ALI

VILL- SHINGIR
P.S.- MURAJHAR

DIST.- HOJAI (ASSAM)
                                                      Page No.# 3/8

             PIN- 782435.

            10:FOUJIYA BEGUM
            W/O- HABIBUR RAHMAN

            VILL- SAHARAN
            PS- MURAJHAR

            DIST- HOJAI (ASSAM). PIN- 782445.

            11:RATNA BEGUM
            W/O- KASIM ALI

            VILL- DAKSHIN NOWABEEL

            PO- AMBARI. PS- MURAJHAR

            DIST.- HOJAI (ASSAM)
            PIN- 782435.

            12:ABDUL KHALIQUE
             S/O- ALA UDDIN

            VILL.- DAKSHIN NOWABEEL

            PO- AMBARI. PS- MURAJHAR

            DIST.- HOJAI (ASSAM). PIN- 782435.

            13:HUSNA BEGUM
            W/O- ASAR UDDIN

            VILL- SUTARPUR
            PS- MURAJHAR

            DISTRICT- NAGAON. (ASSAM)
            PIN- 782124

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : SC, P AND R.D.

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA Page No.# 4/8

JUDGMENT & ORDER (ORAL) 30.11.2022

Heard Mr. HRA Choudhury, learned senior counsel for the petitioner. Also heard Mr. NK Dev Nath, learned counsel for the respondents No.1, 3, 4, 5 and 6 being the authorities under the P & RD Department, Government of Assam, Mr. JK Goswami, learned Additional Senior Government Advocate for the respondent No.2 being the Deputy Commissioner, Hojai, Mr. MK Hussain, learned counsel for the respondents No.7 to 13 being the members of No.16 Joynagar Gaon Panchayat.

2. The seven members of the No.16 Joynagar Gaon Panchayat made a requisition dated 01.11.2022 to the President and Vice President of Joynagar Gaon Panchayat seeking for a meeting to discuss a no-confidence motion against the two authorities. As the no-confidence meeting was sought against both the President and Vice President, the members also deemed it appropriate to make another communication dated 01.11.2022 to the Block Development Officer of Binnakandi Development Block who is also the Executive Officer of the Binnakandi Anchalik Panchayat requesting that a meeting of no-confidence be convened. When appropriate action was not taken by the President of Binnakandi Anchalik Panchayat, a communication dated 16.11.2022 was made by the Secretary of Joynagar Gaon Panchayat to the Deputy Commissioner Hojai requesting that the meeting of no confidence be convened under Section 15(5) of the Assam Panchayat Act 1994 (for short, the Act of 1994).

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3. The communication dated 16.11.2022 from the Secretary Joynagar Gaon Panchayat made to the Deputy Commissioner Hojai is assailed in this writ petition on the ground that as required under Section 15(1) of the Act of 1994, the requisition of no confidence was not placed before the President of the Gaon Panchayat i.e. the present writ petitioner, and, therefore, the procedure stood vitiated.

4. Mr. NK Dev Nath, learned counsel for the respondents in the P & RD Department refers to the provisions of Section 15(5) of the Act of 1994 which inter alia provides that in the event, the no confidence meeting is sought both against the President and the Vice President, the appropriate course of action would be to intimate the President of the Anchalik Panchayat for convening of the meeting. In the instant case, the stand of the respondents in the P & RD Department is that by the communication dated 01.11.2022, the President of the Anchalik Panchayat had been intimated about the requirement to convene the no confidence meeting. In the circumstance, when the meeting of no confidence could not be convened as per law, the Secretary of the Gaon Panchayat had made the impugned communication dated 16.11.2022.

5. Heard the learned counsel for the parties.

6. We have taken note that the requisition of no confidence was made by seven members of the Joynagar Gaon Panchayat dated 01.11.2022 requesting for convening a no confidence meeting both against the President and the Vice Page No.# 6/8

President. It being so, we are in agreement with the submission of Mr. NK Dev Nath, learned counsel for the P & RD Department that as the meeting of no confidence is sought both against the President and the Vice President, therefore, the procedure would be governed by the provisions of Section 15(5) of the Act of 1994.

7. Section 15(5) of the Act of 1994 provides that if under Section 15(1), the members of the Gaon Panchayat express want of confidence both against the President and Vice President of a Gaon Panchayat, at the same time and issue notices, the Secretary of the Gaon Panchayat within seven days from the date of receipt of such notices, shall report the matter to the President of the concerned Anchalik Panchayat, who shall arrange to convene the meeting within 15 days from the date of receipt of the intimation and the meetings are to be convened separately for the President and the Vice President, where the meeting in respect of the Vice President would be held on the next day of the meeting of no confidence against the President. Section 15(5) of the Act of 1994 provides that it is the Secretary of the Gaon Panchayat who will intimate the President of the Anchalik Panchayat of the requirement to convene a meeting of no confidence inasmuch as, the notice had been issued at the same time for a no confidence both against the President and the Vice President. In the instant case, on a perusal of the records, it is revealed that it is not the Secretary of the Gaon Panchayat who had intimated the Anchalik Panchayat, but the intimation was made by the seven members who had made the requisition for the no confidence motion against the President and Vice President. It being an aberration of the procedure of law, we are of the view that the intimating by the members of the Gaon Panchayat to the President of the Anchalik Panchayat Page No.# 7/8

about the requirement to convene the no confidence meeting would be unsustainable and all such further communications that may have been made by the Secretary to the Deputy Commissioner Hojai upon the President of the Anchalik Panchayat not convening the meeting would also stand vitiated. Accordingly, the communication dated 16.11.2022 from the Secretary Joynagar Gaon Panchayat to the Deputy Commissioner Hojai requesting for convening a meeting of no confidence meeting against the writ petitioner, who is the President of Joynagar Gaon Panchayat is set aside. As the records reveal that it is not the Secretary of Joynagar Gaon Panchayat who had intimated the President of the Anchalik Panchayat, we also set aside the communication of intimation dated 01.11.2022 made by the seven members directly intimating the President of the Anchalik Panchayat to convene the meeting.

8. Accordingly, the matter stands remanded back to the authorities to continue the proceeding from the stage of the seven members making the requisition of a no confidence motion against the President and Vice President strictly by following the appropriate procedure of law, if so advised. Any such procedure that may be further adopted would be subject to the provisions of the law and no provision in this order is to be construed that the parties have been given the liberty to act in any manner contrary to the provisions of Section 15(1) and 15(5) of the Act of 1994 read conjointly.

9. Writ petition stands disposed of in the above terms.

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JUDGE

Comparing Assistant