ANJANA BEGAM Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These petitions arise in common background. They have been heard together and would be disposed of by this common judgment.

(2.) For convenience facts may be noted from WP(C) No.1404 of 2019 which are as under: Petitioner has challenged an order dated 26.09.2019 by which the Block Development Officer (BDO, for short), Nalchar R.D. Block, Sepahijala District, Tripura, respondent No.3, in purported exercise of powers under Section 16 of the Tripura Panchayats Act, 1993 (the Act, for short) and Rule 27 of the Tripura Panchayats (Election of Office Bearers) Rules, 1994 (hereinafter to be referred to as the said Rules) declared that the petitioner, a member of Paschim Durlavnarayan Gram Panchayat has earned disqualification under Section 16 of the said Act and a further declaration that consequently she has ceased to be a member of the said Gram Panchayat with effect from the date of the order.

(3.) The said petitioner was elected from Seat No.3 of the said Gram Panchayat sponsored by Bharatiya Janata Party result of which election was declared on 11.07.2019. The Panchayat has in all 9(nine) elected members. All elected members were sponsored by same political party. It appears that on 17.08.2019 only two members of the Panchayat could take oath. Thereafter next meeting of the Panchayat was convened by the respondent No.2, District Panchayat Officer on 26.08.2019 when remaining 7(seven) members took oath. This was followed by the procedure for electing Pradhan and Upa-Pradhan of the Panchayat. The minutes of the meeting dated 26.08.2019 records that one Smti. Bina Debnath, member proposed the name of Anjana Begam, member for the post of Pradhan which is reserved for women and no further proposal of any other candidate was received for the said post. Anjana Begam was accordingly declared elected as Pradhan of the Gram Panchayat as uncontested. Likewise for the post of Upa-Pradhan one Kala Miah, member of the Panchayat proposed the name of Sri Arjun Debnath and no further proposal was received. He was also thus declared elected uncontested. In the context of the controversy at hand, it would be useful to take note of the entire proceedings of the said meeting which were drawn by the Presiding Officer of the Panchayat and which read as under: