MUMTAZ RANA LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) These three writ appeals are required to be disposed of by a common order since the question that falls for our consideration in all of them being the same.

(2.) The core question is as to whether the procedure prescribed as to the time frame under Section 15(1) of the Assam Panchayat Act, 1994 (for short "the Act") in the matter of no confidence motion against the President and the Vice President is a mandatory or directory in its nature. Factual Matrix

(3.) In order to decide the said question it may be just and necessary to briefly notice the relevant facts. In Writ Appeal No. 280/2005 the appellant/writ petitioner was the elected President of Matijuri Paikan Gaon Panchayat which has the total strength often elected members. That out of the total strength of ten elected members eight members of the said Gaon Panchayat served a requisition notice on 3.8.2004 requiring the Secretary of the Panchayat to convene a special meeting to consider resolution expressing want of confidence in the appellant/writ petitioner. Even while the matter was under consideration of the Secretary, two of the signatories to the resolution backed out duly informing the Secretary about their withdrawal from the requisition. The Secretary thereafter placed the matter before the appellant/writ petitioner seeking her approval to convene the meeting. The appellant did not grant the approval on account of which the Secretary could not convene the special meeting within fifteen days from the date of receipt of notice. The Secretary vide his letter dated 2.8.2004 accordingly referred the matter to the President of Hailakandi Anchalik Panchayat. The president of the anchalik Panchayat accordingly convened a meeting of the Panchayat on 1.9.2004 in which resolution expressing want of confidence in the appellant was passed by a majority of two third of the total members of the Gaon Panchayat. The appellant was accordingly removed from the post of President of the Gaon Panchayat.