Gauhati High Court
Jahanara Ahmed vs The State Of Assam And 13 Ors on 5 March, 2021
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/5
GAHC010004272021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/181/2021
JAHANARA AHMED
W/O- SHAMEZ UDDIN AHMED, VILL- BALAJAN, P.O. BALAJAN, P.S.
BAGHBAR, DIST.- BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND 13 ORS
THROUGH THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, PANCHAYAT
AND RURAL DEVELOPMENT DEPTT., DISPUR, GHY-6
2:THE DY. COMMISSIONER
BARPETA
DIST.- BARPETA
ASSAM
3:THE CHIEF EXECUTIVE OFFICER
BARPETA ZILLA PARISHAD
BARPETA
DIST.- BARPETA
ASSAM
4:THE EXECUTIVE OFFICER
MANDIA ANCHALIK PANCHAYAT
MANDIA
DIST.- BARPETA
ASSAM
5:THE PRESIDENT
MANDIA ANCHALIK PANCHAYAT
MANDIA
P.O. BALAJAN
DIST.- BARPETA
Page No.# 2/5
ASSAM
6:THE SECRETARY
88 NO. BAGHBAR GAON PANCHAYAT
NIZ-BAGHBAR
P.O. BALAJAN
P.S. BAGHBAR
DIST.- BARPETA
ASSAM
7:ABIDA KHATUN
W/O- MOINUL HOQUE @ ZAKIR HUSSAIN
VILL- BAGHBAR GAON
P.O. BAGHBAR
P.S. BAGHBAR
DIST.- BARPETA
ASSAM
PIN- 781308
8:AKLIMA AKTAR
W/O- AHED ALI
VILL- MARABHAZ
P.O. BALAJAN
P.S. BAGHBAR
DIST.- BARPETA
ASSAM
PIN- 781308
9:INTAZ ALI
S/O- LT. NIDU MIAH
VILL- SHILOCHI PATHAR
P.O. BALAJAN
P.S. BAGHBAR
DIST.- BARPETA
ASSAM
PIN- 781308
10:BAHARJAN NESSA
W/O- ROFIKUL ISLAM
VILL- SHILOCJI PATHAR
P.O. SHILOCHI PATHAR
P.S. BAGHBAR
DIST.- BARPETA
ASSAM
PIN- 781308
11:SAYANA KHATUN
W/O- MANJIL HOQUE
Page No.# 3/5
VILL- NIZ BAGHBAR
P.O. NIZ BAGHBAR
P.S. BAGHBAR
DIST.- BARPETA
ASSAM
PIN- 781308
12:HANUFA KHATUN
W/O- JAMAT ALI
VILL- SHEWRABHITA
P.O. BALAJAN
P.S. BAGHBAR
DIST.- BARPETA
ASSAM
PIN- 781308
13:MANIKJAN NESSA
W/O- KADAM ALI
VILL- SHEWRABHITA
P.O. BALAJAN
P.S. BAGHBAR
DIST.- BARPETA
ASSAM
PIN- 781308
14:MORIUM KHATUN
W/O- SUKUR ALI
VILL- JAHANAR GAON
P.O. BAGHBAR
P.S. BAGHBAR
DIST.- BARPETA
ASSAM
PIN- 78130
Advocate for the Petitioner : MR. R ALI
Advocate for the Respondent : GA, ASSAM
BEFORE THE HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA order 05.03.2021 Page No.# 4/5 Heard Mr. R Ali, learned counsel for the petitioner. Also present Mr. M Nath, learned standing counsel for the P&RD.
The petitioner is the President of 88 No. Baghbar Gaon Panchayat in the district of Barpeta, Assam. It is submitted that on 30.12.2021, the petitioner came to learn from the office of the Anchalik Panchayat that the Secretary of the Gaon Panchayat has sent a letter on 28.12.2020 for convening a special meeting to discuss about No Confidence Motion against the petitioner. The said communication also recorded that the petitioner as the President did not grant approval for holding the said meeting for No Confidence Motion. In terms of the letter dated 28.12.2020 the President of the Anchalik Panchayat granted approval for holding the meeting on 02.01.2021 and the concerned Executive Officer/ BDO issued letter dated 30.12.2020 informing the petitioner and members to remain present in the meeting to be held on 02.01.2021. The meeting was held at the Anchalik Panchayat and the impugned resolution dated 02.01.2021 is put under challenge in this writ petition.
Mr. Ali referred to the letter dated 28.12.2020 issued to the President of Mandia Anchalik Panchayat by the Secretary of Baghbar Gaon Panchayat and pointed out that the matter was referred to the President of Anchalik Panchayat before expiry of the mandatory 15 days i.e. time period for convening said meeting after the approval of the President of the Panchayat concerned. In support of the said submission, Mr. Ali referred to the contents of the said letter dated 28.12.02020 wherein it is stated that on 14.12.2020 it was notified to the President of the Panchayat about the requisition for a special meeting. It is the contention of Mr. Ali that from 14.12.2020 to 28.12.2020 the date on which the letter was issued by the Secretary of Goan Panchayat to the President of Anchalik Panchayat the same was within 15 days from 14.12.2020. In view of the same the resolution which was passed on 02.01.2021 at the instance of special meeting held by President of Anchalik Panchayat is void-ab-initio.
Mr. Nath objected to the submission of Mr. Ali on the ground prior to that a notice was served to the President which he refused to accept and accordingly there was notice of the requisition for the special meeting much prior of 14.12.2020.
Mr. AW Aman, larned counsel appearing on behalf of private respondent submits that the petitioner had due knowledge but even then decided not to hold the special meeting.
Page No.# 5/5 Be that as it may I have perused the records which Mr. Nath produced. As per Section 15 (1) of the Assam Panchayat Act, 1994 a President or Vice-President is given the liberty to hold the special meeting for passing No Confidence Motion within 15 days from the notice of the requisition and to be convened by the Secretary with the approval of the President. In the present case the Secretary without waiting for completion of the said 15 days issued the letter to the President of the Anchalik Panchayat which clearly violates the mandate of Section 15(1) of the Assam Panchayat Act, 1994. Accordingly, I find substantial force in the submission of Mr. Ali and as a result the resolution dated 02.01.2021 taken in the special meeting for the No Confidence Motion against the President of 88 No. Baghbar Gaon Panchayat more specifically resolution No. 1 is set aside and quashed.
Accordingly, this writ petition stands disposed of. Send back the records.
JUDGE Comparing Assistant