Research › Search › Judgment

Gauhati High Court · body

2022 DIGILAW 26 (GAU)

BABY BEGUM v. STATE OF ASSAM

2022-01-07

DEVASHIS BARUAH

body2022
ORDER : 1. Heard Mr. G. Uddin, leaned counsel for the petitioners. I have also heard Mr. B. Deori, learned Junior Government Advocate appearing on behalf of the respondent no. 3 and Mr. A. Roy, learned counsel appearing on behalf of the respondent nos.1, 2, 4, 5, 6 & 7. 2. This is an application under Article 226 of the Constitution of India challenging the inaction of the respondent no. 3 in not convening the special meeting for no confidence motion against the Vice President of Bandorkona Gaon Panchayat which as per the petitioners is in violation to Section 15 of the Assam Panchayat Act, 1994 (hereinafter referred to as the Act of 1994). 3. The brief facts of the instant case is that the petitioners are elected Gaon Panchayat Members of the Bandorkona Gaon Panchayat under Patharkandi Anchalik Panchayat in Karimganj District of Assam. The petitioners on 17.10.2019 submitted a requisition notice to the Secretary of Bandorkona Gaon Panchayat for convening a special meeting of no confidence motion against the Vice President of the said Gaon Panchayat. The Secretary of the Gaon Panchayat duly acknowledged the said requisition notice on 17.10.2019 and placed the same before the Vice President to accord his approval and fixing time and venue of the meeting. However, no meeting was convened within the stipulated period of 15 (fifteen) days. In the forwarding letter, the Secretary stated that there is no President of Bandorkona Gaon Panchayat to take the approval for convening the meeting as the President of the Bandorkona Gaon Panchayat have been removed by the Deputy Commissioner, Karimganj vide letter No. KDV.29/PE/2019/15 dated 03.10.2019. Consequently, the petitioners submitted a representation on 05.11.2019 before the Deputy Commissioner, Karimganj for not convening the special meeting of no confidence motion against the Vice President of Bandorkona Gaon Panchayat. While the said notice was pending, the Deputy Commissioner, Karimganj had initiated action against the President of Bandorkona Gaon Panchayat by the Show-Cause-Notice dated 12.09.2019. The said Show-Cause-Notice was put to challenge before this Court in WP (C) 7503/2019. This Court vide an order dated 03.10.2019 in the said writ petition had issued Notice and as an interim measure directed the President to file his reply against the Show-Cause-Notice dated 12.09.2019 before the Deputy Commissioner, Karimganj and it was also directed that the said Deputy Commissioner, Karimganj not to take any adverse action. This Court vide an order dated 03.10.2019 in the said writ petition had issued Notice and as an interim measure directed the President to file his reply against the Show-Cause-Notice dated 12.09.2019 before the Deputy Commissioner, Karimganj and it was also directed that the said Deputy Commissioner, Karimganj not to take any adverse action. On the same date i.e. 03.10.2019 the Deputy Commissioner, Karimganj removed the President of Bandorkona Gaon Panchayat with immediate effect which led to the filing of another writ petition i.e. WP (C) 7705/2019 and this Court while issuing Notice suspended the removal order dated 03.10.2019 issued by the Deputy Commissioner, Karimganj. This Court vide a judgment and order dated 07.12.2021 dismissed both the writ petitions i.e. WP (C) 7703/2019 and WP (C) 7705/2019. 4. Be that as it may, the question involved in the instant writ petition is that after issuance of the communication to the Deputy Commissioner, Karimganj for convening a special meeting of no confidence motion against the Vice President of the Bandorkona Gaon Panchayat was the Deputy Commissioner, Karimganj justified in not convening the meeting in terms with Section 15 of the Act of 1994. Section 15(1) being relevant is quoted herein-below: 15(1). Every President or Vice-President shall be deemed to have vacated his office forthwith when resolution expressing want of confidence in him is passed by a majority of two-third of the total number of members of the Gaon Panchayat. Such a meeting shall be specially convened by the Secretary of the Gaon Panchayat with approval of the President of the Gaon Panchayat. Such meeting shall be presided over by the President if the motion is against the Vice- President, and by the Vice-President, if the motion is against the President. In case such a meeting is not convened within a period of fifteen days from the date of receipt of notice, the Secretary of the Gaon Panchayat shall, within three days, refer the matter to the President of the concerned Anchalik Panchayat, who 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. In case, the President of the Anchalik Panchayat does not take action as above, within the specified seven days' time, the concerned Gaon Panchayat Secretary shall inform the matter to the Deputy Commissioner/Sub-Divisional Officer (Civil), as the case may be, within three days after the expiry of the stipulated seven days' time and the concerned Deputy Commissioner/Sub- Divisional Officer (C) shall convene the meeting within seven days from the date of receipt of the information with intimation to the Zilla Parishad and the Anchalik Panchayat and preside over the meeting so convened: Provided that the concerned Deputy Commissioner/Sub-Divisional Officer (C), as the case may be, in case of his inability to preside over the meeting, may depute one Gazetted officer under him not below the rank of Class 1 Gazetted officer to preside over such meeting: Provided further that when a non-confidence motion is lost, no such motion shall be allowed in the next six months. 5. A perusal of the above quoted Section stipulates that every President or Vice-President shall be deemed to have vacated his office forthwith when a resolution expressing want of confidence in him is passed by a majority of two- third of the total number of members of the Gaon Panchayat. How the meeting is to be convened has also been stated in the said Sub-Section (1) of Section 15 which stipulates that such a meeting shall be convened by the Secretary of the Gaon Panchayat with approval of the President of the Gaon Panchayat. As in the instant case it is for removal of the Vice President the meeting is required to be presided by the President. It has been specifically mentioned that in case a meeting is not convened within a period of fifteen days from the date of receipt of notice, the Secretary of the Gaon Panchayat shall within three days refer the matter to the President of the concerned Anchalik Panchayat, who 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 the meeting. It has also been provided that in case the President of the Anchalik Panchayat does not take action as above within the specified seven days' time the concerned Gaon Panchayat Secretary shall inform the matter to the Deputy Commissioner/Sub- Divisional Officer (Civil) as the case may be within three days after the expiry of the stipulated seven days' time and the concerned Deputy Commissioner/Sub- Divisional Officer (C) shall convene the meeting within seven days from the date of receipt of the information with the intimation to the Zilla Parishad and the Anchalik Panchayat and preside over the meeting so convened. The first Proviso to Sub-Section (1) of Section 15 stipulates that the concerned Deputy Commissioner/Sub-Divisional Officer (C) as the case may be in case of his inability to preside over the meeting may depute one Gazetted officer under him not below the rank of Class-I Gazetted officer to preside over such meeting and the second Proviso stipulates that when a no confidence motion is lost no such motion shall be allowed in the next six months. 6. In the backdrop of the above, it is relevant to take note of the facts involved in the instant case that on 17.10.2019 the petitioners had submitted a requisition notice to the Secretary of Bandorkona Gaon Panchayat for convening a special meeting of no confidence motion against the Vice President of the said Gaon Panchayat. The said notice was duly acknowledged. However, no meeting was called for, for which the Secretary of the Gaon Panchayat on 01.11.2019 referred the matter to the President of the Patharkandi Anchalik Panchayat for convening a special meeting of no confidence against the Vice President of the Gaon Panchayat. Thereafter also nothing was done and consequently on 05.11.2019 the petitioners submitted a complaint/representation before the Deputy Commissioner, Karimganj. The Deputy Commissioner, Karimganj however had not taken any steps in that regard for convening a meeting. 7. Mr. B. Deori, learned Junior Government Advocate appearing on behalf of the respondent no. 3 has produced an instruction dated 07.01.2022 wherein it was admitted that the petition dated 05.11.2019 was received from the petitioners and the said petition was then forwarded to the Chief Executive Officer, Karimganj Zilla Parishad for inquiry and report by the Deputy Commissioner, Karimganj. 7. Mr. B. Deori, learned Junior Government Advocate appearing on behalf of the respondent no. 3 has produced an instruction dated 07.01.2022 wherein it was admitted that the petition dated 05.11.2019 was received from the petitioners and the said petition was then forwarded to the Chief Executive Officer, Karimganj Zilla Parishad for inquiry and report by the Deputy Commissioner, Karimganj. The question remains that whether the Deputy Commissioner, Karimganj has exercised his jurisdiction in terms with Section 15 of the Act of 1994 which stipulates that the Deputy Commissioner, Karimganj shall convene the meeting within seven days from the date of receipt of the information with intimation to the Zilla Parishad and the Anchalik Panchayat and preside over the meeting by himself or depute one Gazetted officer not below the rank of Class-I Gazetted officer to preside over the said meeting. This admittedly had not been done and more than 2 years have passed by in the meantime. On a specific query being made to the learned Junior Government Advocate as to whether the Deputy Commissioner, Karimganj have taken any steps for convening the special meeting for no confidence against the Vice President, he fairly submits that as per his instruction nothing has been done. 8. Taking into account the mandate of Section 15 and the facts involved in the instant case, the instant writ petition stands disposed of with the direction to the respondent no. 3 i.e. Deputy Commissioner, Karimganj to convene a meeting within a period of 30 (thirty) days from today in terms of Section 15(1) of the Act of 1994 and preside over the said meeting either by himself or depute one officer under him not below the rank of Class-I Gazetted Officer to preside over the said meeting. 9. With the above observations the instant petition stands disposed of.