Joynab Bibi v. The Union of India and 10 Ors

ORDER Date : 20/05/2024 Vijay Bishnoi, CJ

Heard Mr. M.U.Mondal, learned counsel for the appellant. We have also heard Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department, Assam as well as Ms. R.B. Bora, learned Government Advocate, Assam and Ms. K. Phukan, learned CGC, appearing for the respective respondents. This appeal is directed by the appellants being aggrieved with the judgement dated 22/03/2024 passed by the learned Single Judge in WP(C) No. 762/2024 and other connected writ petitions whereby, the writ petitions filed by the appellant along with the other writ petitions have been dismissed. The appellant was the elected President of the Gaon Panchayat concerned, has filed writ petition being aggrieved with the action of the State Government whereby, after expiry of the term of the Gaon Panchayat, the District Commissioners were directed to take the charge of the Gaon Panchayats. The learned Single Judge has dismissed the writ petition while taking into consideration that as per section 7 of the Assam Panchayat Act, 2994, the duration of a Gaon Panchayat is 5 (five) years from the date of the first meeting. The learned Single Judge has also taken into consideration the provisions of Article 243, which specifically says that every Panchayat shall continue for 5 (five) years from the date of its first meeting and no longer. The learned Single Judge has also relied upon the decision of the Hon'ble Supreme Court rendered in the case of Hemant Narayan Rasne Vs. Page No.# 4/4 Commissioner and Administrator of Pune Municipal Corporation reported in (2022) 18 SCR 180 and has held that since the term of the petitioner as President of concerned Gaon Panchayat has already expired, she cannot claim to continue on the said post, as a matter of right. Having heard the learned counsel for the appellant and after going through the impugned judgement, we do not find any illegality in the same. Hence, this writ appeal is dismissed.

JUDGE CHIEF JUSTICE

sukhamay Comparing Assistant

PageoNo.#o1/4 GAHC010082262024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/136/2024o JOYNABoBIBIo W/O-oJAKIRoHUSSAINoVILL-oLOHAJANIoP.O-oMARAGADADHARoP.S-o GOLAKGANJoDIST-oDHUBRIoPIN-o783335oPRESIDENT,BATERHAToG.Po ANCHALIKoPANCHAYATo,AGOMANIoFIRSToMEETINGo06/02/2019 VERSUSo THEoUNIONoOFoINDIAoANDo10oORSo REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoPANCHAYATIoRAJ,o GOVT.oOFoINDIA,o11THoFLOOR,oJEEVANoPRAKASHoBUILDING,o25,oK.G,o MARG,oNEWoDELHI-110001 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCHIEFoSECRETARY oGOVT.oOFoASSAM oDISPUR oGHY-06. 3:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPUR oGHY-06. 4:THEoDEPUTYoCOMMISSIONER oDHUBRI oP.S oP.OoANDoDIST-oDHUBRI oASSAM oPIN-o783301 Page No.# 2/4 5:THE CHIEF EXECUTIVE OFFICER ZILA PARISHAD DHUBRI P.S P.O AND DIST- DHUBRI ASSAM PIN- 783301. 6:THE EXECUTIVE OFFICER AGOMONI ANCHALIK PANCHAYAT DIST. DHUBRI ASSAM. 7:THE EXECUTIVE OFFICER BIRSHING JARUA ANCHALIK PANCHAYAT DIST. DHUBRI ASSAM. 8:THE EXECUTIVE OFFICER DHARMASALA ANCHALIK PANCHAYAT DIST. DHUBRI ASSAM. 9:THE EXECUTIVE OFFICER HATIDHURA ANCHALIK PANCHAYAT DIST. DHUBRI ASSAM. 10:THE EXECUTIVE OFFICER GOLAKGANJ ANCHALIK PANCHAYAT DIST. DHUBRI ASSAM. 11:THE ASSAM STATE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY HOUSEFED COMPLEX DISPUR GUWAHATI 0 Advocate for the Petitioner : MR. M U MONDAL Page No.# 3/4 Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM