AYESHA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Roy Choudhury, learned counsel for the petitioner. Also heard Mr. D. Saikia, learned Advocate General, Assam, assisted by Mr. A. Roy, learned standing counsel, Panchayat and Rural Development Department, appearing for the respondent Nos. l to 3 and Mr. R.P. Sarmah, learned senior counsel, appearing for the private respondent No. 4.

(2.) By means of the present writ petition, the petitioner has challenged the vires of the Assam Panchayat(Constitution) (Amendment) Rules, 2018, whereby after Rule 61, a new Rule, i.e. Rule 62, has been inserted in place of the earlier Rule 62 in the Assam Panchayat (Constitution) Rules, 1995. The new Rule reads as under:- <FRM>JUDGEMENT_123_LAWS(GAU)11_2021_1.html</FRM>

(3.) The main objection raised by Mr. P.K. Roy Choudhury, learned counsel for the petitioner is regarding Rule 62(l)(b). Before we come to the actual challenge, we must state here that these Rules have been framed in exercise of the powers conferred under Sub-sec. (1) of Sec. 141 and Sub-sec. (2) of Sec. 111 of the Assam Panchayat Act, 1994. The Assam Panchayat Act, 1994 was itself amended vide Assam Panchayat (Amendment) Act, 2018, where, inter alia, Sec. 111 of the parent Act was amended by inserting Sub-sec. (2), which reads as under:-