LAWS(GAU)-2009-6-15

MARION BEGUM Vs. STATE OF ASSAM

Decided On June 12, 2009
MARION BEGUM Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) These writ petitions raise a common question of law regarding the constitutional validity of Section 15 of the Assam Panchayat Act. The petitioners in these various writ petitions are the Presidents of the Village Panchayats within the State of Assam and apprehend that they might be removed from the office of the Village Panchayats by virtue of a no confidence motion. Hence these writ petitions challenging the constitutional validity of Section 15 of the Assam Panchayat Act which provides for removal of either the President or the Vice President of the Village Panchayat through the process of no confidence motion.

(2.) In essence, the submission of the petitioners is that under the constitutional scheme President and the Vice President of the Village Panchayats are required to be elected directly by the entire electorate of the village whereas under Section 15 the President and Vice Presidents of a Village Panchayat are made removable by the process of no confidence motion where only the Ward Councillors, who have no role in the election of the President or the Vice Presidents, are entitled to participate and decide the fate of the President and the Vice Presidents.

(3.) According to the petitioners such a prescription of law as the one contained under Section 15 is challenged not only arbitrary and violative of Article 14 but also inconsistent with the scheme of Part IX of the Constitution of India.