SHIKHA RANI SUKLABAIDHYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D Hussain, learned counsel for the writ appellants. Also heard Mr. S Dutta, learned counsel for the respondents in the P and RD Department, Ms. U Das, learned counsel for the respondent no. 3 being the Deputy Commissioner, Karimganj and Mr. PK Roychoudhury, learned counsel for the respondent no. 8.

(2.) Nine members of the Maizgram Gaon Panchayat made a requisition dtd. 7/9/2021 for a meeting of no confidence against the President of the Gaon Panchayat, namely Hitendu Rudrapaul. Under Sec. 15 (1) of the Assam Panchayat Act, 1994 (in short, Act of 1994), the meeting of no confidence is required to be convened by the Secretary of the Gaon Panchayat with the approval of the President of the Gaon Panchayat within a period of fifteen days from the date of receipt of the notice. In the event the meeting could not be convened because of the approval not being given by the President, the Secretary of the Gaon Panchayat within a period of three days, after expiry of fifteen days from the receipt of the notice, is required to refer the matter to the President of the concerned Anchalik Panchayat, who thereupon shall convene the meeting within seven days from the date of receipt of the information from the Secretary of the Gaon Panchayat and preside over such meeting.

(3.) In the instant case, when no approval of holding the no confidence meeting was granted by the President, the Secretary of the Gaon Panchayat on 15/9/2021 had informed the President of the North Karimganj Anchalik Panchayat requesting for a special meeting to be held. If under the provisions of Sec. 15 (1) of the Act of 1994 the Secretary can refer the matter to the President of the Anchalik Panchayat upon expiry of fifteen days from the date of receipt of the notice, which in the instant case is 7/9/2021, the expiry of fifteen days would have taken place on 24/9/2021 meaning thereby that before 24/9/2021 the Secretary could not have made a request to the President of the Anchalik Panchayat to convene the meeting of no confidence. But in the instant case the records reveal that on 15/9/2021 itself the Secretary of the Gaon Panchayat had made a request to the President of the North Karimganj Anchalik Panchayat to hold a special meeting and accordingly, the special meeting was held on 28/9/2021.