Gauhati High Court
Shri Hage Kobing vs The State Of Arunachal Pradesh on 14 August, 2015
Equivalent citations: AIR 2015 GAUHATI 145, (2017) 3 GAU LR 2 (2015) 4 GAU LT 232, (2015) 4 GAU LT 232
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IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM : NAGALAND : MIZORAM AND
ARUNACHAL PRADESH)
ITANAGAR PERMANENT BENCH
W. P. (C) No. 273 (AP) of 2015.
Shri Hage Kobing,
S/o. Late Hage Doley,
Village - Hari, P.O. & P.S. Ziro,
District - Lower Subansiri,
Arunachal Pradesh.
.......... Petitioner.
Advocates for the Petitioner :
Mr. Michi Nibo,
Mr. Nabam Regum,
Mr. Nengding Kago,
Mr. P. D. Nair,
Mr. Duyu Lazi
- VERSUS -
1) The State of Arunachal Pradesh,
Represented by the Chief Secretary,
Government of Arunachal Pradesh,
Itanagar - 791 111.
2) The Chief Secretary,
Government of Arunachal Pradesh,
Itanagar - 791 111.
3) The Commissioner-cum-Secretary,
Panchayat Raj,
Government of Arunachal Pradesh,
Itanagar - 791 111.
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4) The Director, Panchayat Raj,
Government of Arunachal Pradesh,
Itanagar - 791 111.
5) The Deputy Commissioner,
Lower Subansiri District,
Ziro, Arunachal Pradesh - 791 120.
6) The Member Secretary,
Zilla Parishad, Lower Subansiri District,
Ziro, Arunachal Pradesh.
7) Shri R. K. Borthakur,
Additional Deputy Commissioner,
Lower Subansiri District,
Ziro, Arunachal Pradesh - 791 120.
8) Shri Taba Techi,
S/o. Shri Taba Topu,
ZPM 01 Yazali Anchal Segment Block,
Village Pitapool, P.O. & P.S. Yazali,
Lower Subansiri District, Arunachal Pradesh.
9) Shri Tap Tapuk,
S/o. Late Tap Tacho,
ZPM 12th Kampurijo-I Anchal Segment Block-I,
Village Yattap, P.O. Boa Simla, P.S. Raga,
Lower Subansiri District, Arunachal Pradesh.
10) Shri Kabak Apo,
S/o. Kabak Mem,
ZPM 11th Kampurijo Anchal Segment Block-I,
Village Yirkum, P.O. Boa Simla, P.S
Lower Subansiri District, Arunachal Pradesh.
11) Shri Bei Tassap,
S/o. Bei Tod,
ZPM 14th Tamen Dullumukh Anchal Segment Block,
Village Paro, P.O. & P.S. Kalaptakura,
Dollungmukh, Lower Subansiri District,
Arunachal Pradesh.
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12) Shri Neelam Mangha,
S/o. Neelam Tat,
ZPM 03 Pistana Anchal Segment Block,
Village Neelam, P.O. Deed, P.S. Yazali,
Lower Subansiri District, Arunachal Pradesh.
13) Smti Joram Yania,
W/o. Joram Punio,
ZPM 02 Yachuli Anchal Segment Block,
P.O. Joram, P.S. Ziro,
Lower Subansiri District, Arunachal Pradesh.
14) Smti. Maga Mala
W/o. Shri Maga Tasso,
ZPM 13th Raga Anchal Segment Block,
Village Raga, P.O. & P.S. Raga,
Lower Subansiri District, Arunachal Pradesh.
15) Shri Dani Bukar,
S/o. ShriDani Tade,
ZPM 5th Hija Anchal Segment Block,
Village Hija, P.O. & P.S. Ziro,
Lower Subansiri District, Arunachal Pradesh.
16) Smti Milo Yama,
W/o. Millo Tamamg,
ZPM 6th Tajang Anchal Segment Block,
P.O. & P.S. Ziro,
Lower Subansiri District, Arunachal Pradesh.
17) Shri Bamin Siri,
S/o. Late Bamin Tabin,
ZPM 4th Diibo Anchal Segment Block,
Village Bamin, P.O. & P.S. Ziro,
Lower Subansiri District, Arunachal Pradesh.
.......... Respondents.
Advocates for the Respondens :
Mr. R. H. Nabam,
Addl. Advocate General,
Arunachal Pradesh.
Ms. Pubi Pangu,
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Government Advocate,
Arunachal Pradesh.
For Respondent Nos. 1 to 5
Mr. Puto Bui,
Mr. T. Nima,
Mr. R. Konya,
Mr. T. Taniya,
Mr. Tony Pertin,
Mr. K. Saxena,
Mr. R. L. Thungun,
Mr. Y. Riram,
Mr. H. K. Jamoh
For Respondent Nos. 8 to 17
BEFORE
HON'BLE MR. JUSTICE M. R. PATHAK
Date of Hearing : 03-08-2015
Date of Judgment & Order : 14-08-2015
JUDGMENT & ORDER (CAV)
Heard Mr. P. D. Nair, along with Mr. D. Lazi, learned counsels for
the Petitioner. Also heard Mr. R. H. Nabam, learned Addl. Advocate General,
Arunachal Pradesh, assisted by Ms. Pubi Pangu, learned Govt. Advocate for
the State Respondent Nos. 1 to 6 and Mr. Tony Pertin with Mr. P. Bui, Mr. K.
Saxena & other learned counsels for the private Respondent Nos. 8 to 17.
2) The petitioner is one of the elected Zilla Parishad Member (ZPM, in
short) out of 14 (fourteen) ZPMs of Lower Subansiri District of Arunachal
Pradesh, elected through democratic process in April 2013 and on being
elected he is serving as Chairperson of Zilla Parishad of Lower Subansiri
District of Arunachal Pradesh.
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3) A group of 10 (ten) ZPMs of Lower Subansiri District on 10-07-2015
served a written notice under Section 63 (1) of the Arunachal Pradesh
Panchayat Raj Act 1997 on the Member Secretary of the said Zilla Parishad
with the intention to move 'No Confidence Motion' against the petitioner i.e.
the Chairperson of the Zilla Parishad of Lower Subansiri District on the ground
of his incapability and loss of support from two third majority of present ZPMs
and by the said notice, they requested the said the Member Secretary to call
for a meeting of the ZPMs of Lower Subansiri Districts within a period of 7
(seven) days from the date of the said notice for discussion and to move such
'No Confidence Motion' against the petitioner.
4) The Member Secretary of Lower Subansiri Zilla Parishad himself
issued a Notice of No-Confidence Motion under Memo No. ZRO/ZP-NCM/2015
dated 10-07-2015 and convened a Zilla Parishad meeting of Lower Subansiri
District on 20th July 2015 at 11:00 AM in the Conference Hall, Hapoli to take
up the 'Motion of No confidence' and by the same requested the ZPMs of the
Lower Subansiri District to attend the meeting on the said date, time and
venue positively.
5) The petitioner, the Chairperson of Lower Subansiri Zilla Parishad on
13.07.2015 wrote a letter to the Member Secretary of the said Zilla Parishad,
respondent No. 7, requesting him to recall the said notification dated
10.07.2015 in the interest of Justice as the same being illegal and immature
at that junction. The petitioner on 13.07.2015 also submitted a complaint
against the respondent No. 7, the Member Secretary of the said Zilla Parishad
before the Chief Secretary of the State in issuing the impugned Notice dated
10.07.2015 and the petitioner submitted that the same is yet to be
considered.
6) On receipt of the same, the respondent No. 7, Member Secretary
of Lower Subansiri Zilla Parishad vide letter under Memo No. ZRO/ZP-
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NCM/2015 dated 15.07.2015 informed the petitioner that there is no illegality
or immaturity in serving the Notice for conduct of No-Confidence Motion
against the Chairperson of Lower Subansiri Zilla Parishad, as 10 (ten) ZPMs of
the said Zilla Parishad on 10.07.2015 submitted a petition to move No-
Confidence Motion under Section 63 (1) of the Arunachal Pradesh Panchayat
Raj Act 1997 and there is no provision under the said Act to recall the same.
7) Being aggrieved with said the said action of the respondent No. 7,
Member Secretary of Lower Subansiri Zilla Parishad in issuing the impugned
Notice dated 10.07.2015, the petitioner has preferred this petition.
8) Mr. P. D. Nair, learned counsel for the petitioner submitted that the
Member Secretary of the said Zilla Parishad issued the impugned notice in
question dated 10.07.2015 convening the meeting unilaterally in his capacity
as Member Secretary of the Zilla Parishad, without any authority in law and in
violation of the provisions of Section 96 of the Arunachal Pradesh Panchayat
Raj Act, 1997 (1997 Act, in short) without placing the same before the
Chairperson of the Zilla Parishad for convening the meeting, usurping the
power and authority of the petitioner as Chairperson.
9) Mr. Nair urged that the action on the part of the Member Secretary
of the said Zilla Parishad in issuing the impugned Notice dated 10.07.2015 is
illegal, malafide, with ulterior motive and on extraneous consideration, not in
exercise of his official duty but with personal and vested interest.
10) Mr. Nair also placed from the impugned Notice that it did not
specify the exact venue of the meeting in question as there are three
conference Halls at Hapoli.
11) Mr. Nair on behalf of the petitioner relied upon the Judgments
reported in (2011) 3 GLT 297, (2004) Supp GLT 717, (2004) Suppl GLT 720,
(2006) 2 GLT 14 and (2008) Suppl GLT 725.
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12) Mr. R. H. Nabam, learned Additional Advocate General, Arunachal
Pradesh on behalf of the official respondents submitted that the Member
Secretary of the said Zilla Parishad did not commit any wrong or illegality in
issuing the impugned Notice dated 10.07.2015 intimating all the Zilla Parishad
Members about the meeting to be held on 20.07.2015 at 11:00 AM in the
Conference Hall at Hapoli to take up the Motion of No-Confidence against the
petitioner, the Chairperson of Lower Subansiri Zilla Parishad; since 10 (ten)
ZPMs of the panel accordingly the extent as who have a to move No-
Confidence Motion against the petitioner.
13) Mr. Tony Pertin, learned counsel on behalf of the private
respondent Nos. 8 to 17, the ten ZPMs who submitted the written notice
under Section 63(1) of the 1997 Act before the Member Secretary of the Zilla
Parishad on 10.07.2015 stated that the applicants have the majority of two-
third of the total members of the Lower Subansiri Zilla Parishad against the
petitioner, Chairperson of the said Zilla Parishad and accordingly no-
confidence was fixed on 20.07.2015 at Hapoli.
14) Both Mr. Nabam & Mr. Pertin submitted that under the 1997 Act,
the process of no-confidence motion/impeachment is governed by Section 63
of the Act and Section 95 of the said Act deals with relates to no-confidence
motion of Zilla Parishad, whereas Section 96 of the Act relates to Meeting of
Zilla Parishad & whereas Section 97 of the said Act provides for list of
business transacted at a meeting and since moving of a no-confidence motion
is not a mere normal call of a meeting of the Zilla Parishads, provisions of
Section 96 of the Act is not applicable in the present case as projected by the
petitioner.
15) Chapter-V of the 1997 Act, contains Sections 85 to 103 and it deals
with provisions of Zilla Parishad. Section 95 of the Act deals with motion of
No-Confidence with regard to Zilla Parishad and it reads as -
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"95. Motion of No-Confidence-
A motion of no-confidence shall be moved and decided in the same manner as
provided under Section 63 of this Act".
16) Chapter-IV of the 1997 Act contains Sections 53 to 84 and it deals
with Anchal Samiti and Section 63 of the Act deals with motion of No-
Confidence and it reads as -
"63. Motion of No-Confidence -
(1) A motion of no-confidence may be moved by one third of the total number of
members of a Gram Panchayat or an Anchal Samiti or Zilla Parishad against its
Chairperson after giving at least 7 (seven) days notice in writing to the Member
Secretary or any other prescribed authority of Gram Panchayat or an Anchal
Samiti or Zilla Parishad of his intention to move such a motion.
(2) If the motion is carried by a majority of not less than two-thirds of the total
number of members of the Gram Panchayat or an Anchal Samiti or Zilla Parishad
the chairperson shall cease to hold the office.
(3) Notwithstanding anything contained in this Act, the Chairperson of a Gram
Panchayat or an Anchal Samiti or Zilla Parishad shall not preside at a meeting in
which a motion of no-confidence against him is under discussion, but he shall
have the right to speak or otherwise take part in the proceedings of such
meeting."
17) Section 96 of the Act deals with meeting of Zilla Parishad and it
reads as -
"96. Meeting of Zilla Parishad-
(1) Every Zilla Parishad shall hold meeting in its office at list in every three
month on such date and such hour as the Zilla Parishad may fix as the
immediately preceding meeting:
Provided that the first meeting of a newly constituted Zilla Parishad shall be
held at such time and such place within the local limits of the district concerned
as the prescribed authority may fix;
Provided further that the Chairperson, when required in writing by one fifth
of the members of a Zilla Parishad to call a meeting, shall do so, fixing the date
and hour of the meeting within fifteen days after giving intimation to the
prescribed authority and seven clear days notice to the members of the Zilla
Parishad falling which the members aforesaid may call a meeting within thirty
days after giving intimation to the prescribed authority and seven days, notice to
the Chairperson and other members of the Zilla Parishad. Such meeting shall be
held at such place or such date and at such hour as the members calling the
meeting may decide. The prescribed authority may appoint an observer for such
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meeting who shall submit to the prescribed authority a report in writing duly
signed by him, within three days of the meeting, on the proceeding. The
prescribed authority shall on the receipt of the report take such action thereon as
it may deem fit.
(2) One-third of the total number of members of a Zilla Parishad shall form the
quorum for a meeting of the Zilla Parishad;
Provided that no quorum shall be necessary for an adjourned meeting.
(3) The Chairperson, or in his absence one of the member chosen by members
present, shall preside at the meeting of the Zilla Parishad.
(4) All questions coming before a Zilla Parishad shall be decided by a majority of
votes:
Provided that in case of equality of votes the Chairperson of the member
presiding shall have a second or casting vote.
(5) The Member Secretary of a Zilla Parishad shall attend a meeting of the Zilla
Parishad and shall participate in the deliberations thereof.
(6) Seven clear days' notice for an ordinary meeting and seven clear days' notice
of a special meeting, specifying the time at which such meeting is to be held and
business to be transacted there at, shall be sent to the members and pasted at
the office of the Zilla Parishad. Such notice shall include, in case of special
meeting, any motion or proposition mentioned in the written request made for
such meeting."
18) Section 97 of the Act deals with list of business to be transacted at
a meeting and it reads as -
"97 List of business to be transacted at a meeting-
(1) A list of business to be transacted at every meeting or the Zilla Parishad,
except at adjourned meeting, shall be sent to each member of the Zilla Parishad
in the member prescribed at least five days before the prime fixed for such
meeting and no business shall be brought before or transacted at any meeting at
the than business of which notice has been given except the approval of the
majority of the members present at such meeting:
Provided that if the Chairperson thinks that a situation has arisen for which
an emergent meeting of the Zilla Parishad should be called, he may call such
meeting after giving three days' notice to the members:
Provided further that not more than one business shall be included in the list
of business to be transacted at such emergent meeting.
19) For a motion of no-confidence against Chairperson of Zilla Parishad
as provided under Section 95 of the 1997 Act provisions of Section 63 of the
said Act is required to be followed. As per Section 63 of the Act for moving a
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motion of no-confidence against the Chairperson of the Zilla Parishad, it has
to be moved (i) by the minimum of one-third of the total number of members
of the Zilla Parishad, with (ii) seven days clear notice in writing to the
Member Secretary or any other prescribed authority of the Zilla Parishad of
its intention to move such a motion. When the motion is carried by a
majority of not less than two thirds of the total number of members of the
Zilla Parishad, the Chairperson shall cease to hold office and but in such
meeting, where a motion of no-confidence against him is under discussion,
the Chairperson of the Zilla Parishad shall not preside at the meeting; but he
shall have the right to speak or otherwise take part in the proceedings of
such meeting so that he can defend the allegations made against him and
explain the same to the members of the Parishad.
(20) List of business to be transacted at a meeting of Zilla Parishad
has been prescribed under Section 97 of the Act and except the provisions of
Section 96 of the said 1997 Act; there are no other provisions in the Act for
meeting of Zilla Parishad. Going through the provisions of the said 1997 Act,
it is seen that for the purpose of moving a no-confidence motion against the
Chairperson of the Zilla Parishad, as provided under Section 63 of the Act,
requisite members of the Zilla Parishad are required to give a written notice
to the Member Secretary of the said Parishad and after clear seven days time
such meeting for no-confidence is required to be convene.
(21) Since Section 63 the said 1997 Act specifically dealts with the
motion of no confidence against the Chairperson of the Zilla Parishad, the
provisions of Section 96, with regard to the meeting of Zilla Parishad or
Section 97, with regard to the list of business to be transacted at a meeting
of Zilla Parishad, shall not come in to play as the provisions of Section 95 &
63 and Sections 96 & 97 cannot be equated for the purpose of motion of no
confidence and meeting of Zilla Parishad.
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(22) I have gone through the judgments cited on behalf of the
petitioners and considered them. Those judgments relate to the Assam
Panchayat Act, 1994 as amended, where there are specific provisions under
the Assam Panchayat Act, 1994 as amended. As such said judgments are not
applicable in the present case.
(23) From the reading of Section 95 & 63 of the Act, it is seen that to
move a no-confidence motion against the Chairperson of the Parishad, there
has to be a meeting and in the said meeting, the Chairperson though cannot
preside in it; but he has the right to speak or otherwise take part in the
proceedings of such meeting.
(24) On receipt of the proper written notice from the requisite numbers
of ZPMs to move no confidence against the Chairperson of the Zilla Parishad
as provided under Section 63 of the Act, the Member Secretary of the Zilla
Parishad becomes empowered to convene the meeting to take up the said
motion of no confidence.
(25) For the reasons aforesaid, the Court is of the view that for the
purpose of moving a no-confidence motion against the Chairperson of the
Zilla Parishad under the said 1997 Act, the Member Secretary of the Zilla
Parishad upon receipt of the written notice from the requisite numbers of
ZPMs, he is empowered to convene the meeting of no confidence against the
Chairperson of the Zilla Parishad in terms of Section 63 of the Arunachal
Pradesh Panchayat Raj Act, 1997.
(26) Accordingly, no illegality has been found with regard to the
impugned Notice of No-Confidence Motion issued by the Member Secretary of
Lower Subansiri Zilla Parishad under Memo No. ZRO/ZP-NCM/2015 dated 10-
07-2015 convening Zilla Parishad meeting of Lower Subansiri District.
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(27) In view of the above, this petition being devoid of merit stands
dismissed. Consequently the interim order passed on 16.07.2015 stands
vacated.
(28) No order as to costs.
JUDGE
Pb/-
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