Naba Kr Sarma v. The State of Assam and 14 Ors

ORDER Date : 26.06.2023

Heard Mr. S.U. Ahmed, learned counsel for the petitioner, Mr. S. Dutta, learned standing counsel for the P&RD Department, respondent nos. 1 to and Mr. A. Khanikar, learned counsel for the respondent nos. 8 to 15. There is no representation on behalf of the respondent no.6.

¶2This writ petition under Article 226 of the Constitution of India is by the petitioner, who is the elected President of 41 number Makhibaha Gaon Panchayat. By a resolution dated 04.08.2022, no confidence motion was brought against the petitioner. It is projected that the intimation of the notice of no confidence motion was made by letter dated 16.08.2022 and the petitioner gave his approval to hold the meeting on 18.08.2022. It is projected that in the meeting held on 18.08.2022, no confidence motion had failed as there was no consensus amongst the members attending the said meeting. Accordingly, the Secretary of Makhibaha Gaon Panchayat, by a letter dated 25.08.2022, forwarded the matter to the BDO-cum-Executive Officer, Tihu Anchalik Panchayat.

¶3It is projected that in violation of the provisions of Section 15(1) of the Assam Panchayat Act, 1994, by a letter dated 02.09.2022, the Anchalik Panchayat had directed that a meeting be held on 05.09.2022. The case of the petitioner is that on the date fixed i.e. 05.09.2022, the meeting to consider no confidence motion against the petitioner as directed by the Anchalik Panchayat was cancelled due to absence of two members including the petitioner. However, in violation of provisions of section 15(1) of the Assam Panchayat Act, Page No.# 5/6 1994, the adjourned meeting of no confidence motion was held on 19.09.2022 and a resolution dated 19.09.2022 was passed against the petitioner, which is impugned in the present writ petition.

¶4This Court by order dated 30.09.2022, as an interim measure, permitted the petitioner to continue in office of President of 41 number Makhibaha Gaon Panchayat until further orders. Having regard to the submissions made by the learned counsel for the petitioner, standing counsel for the P&RD Department and the learned counsel for the private respondents, the Court is of the considered opinion that on failure of the no confidence motion, such resolution cannot be moved for a period of 6(six) months and thereafter the Court does not find that there is bar in the provisions of Assam Panchayat Act and rules framed thereafter to the members of the Board of the Gaon Panchayat to bring fresh motion for no confidence against the petitioner.

¶5Therefore, in view of the statutory remedy available to the members of the Gaon Panchayat to take recourse of the appropriate statutory provisions, if they find themselves dissatisfied with the functioning of the petitioner, the Court is of the considered opinion that no point would be served in keeping the matter pending. As this Court had kept in abeyance the resolution adopted in meeting dated 19.09.2022, the Court is of the considered opinion that the said interim order be made absolute. However, this order shall not preclude the right of the members of the Board of Directors of Makhibaha Gaon Panchayat and take appropriate measures if they find themselves dissatisfied with the functioning of the petitioner in the manner which is permitted by law.

¶6Accordingly, this writ petition stands partially allowed to the extent as indicated above. Page No.# 6/6

¶7There shall be no order as to cost.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010234132022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6412/2022 NABAoKRoSARMA S/O-oLT.oHARIoNATHoSARMA oR/O-oVILL-oMAKHIBAHA oP.O.oMAKHIBAHA oP.S.oTIHU oDIST.-oNALBARI oASSAM oPIN-o781374 oVERSUS THEoSTATEoOFoASSAMoANDo14oORS REP.oBYoTHEoPRINCIPALoSECY.oTOoTHEoGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPTT. oDISPUR oGHY-06 2:THEoCOMMISSIONER PANCHAYAToANDoRURALoDEVELOPMENToDEPTT. oPANJABARI oJURIPAR oGHY-37 o3:THEoCHIEFoEXECUTIVEoOFFICERo(CEO) NALBARIoZILLAoPARISHAD oNALBARI oASSAM oPIN-o781335 o4:THEoBLOCKoDEVELOPMENToOFFICER TIHUoCUMoEXECUTIVEoOFFICER oTIHUoANCHALIKoPANCHAYAT oTIHU oNALBARI PageoNo.#o2/6 oASSAM oPIN-o781371 o5:THEoSECRETARY 41oNO.oMAKHIBAHAoGAONoPANCHAYAT oMAKHIBAHA oP.O.oMAKHIBAHA oP.S.oTIHU oNALBARI oASSAM oPIN-o781374 o6:THEoPRESIDENT TIHUoANCHALIKoPANCHAYAT oTIHU oNALBARI oASSAM oPIN-o781371 o7:RUPAoBANIA MEMBERoBANIAoPARA oVILL-oBANIAPARA oP.O.oMAKHIBAHA oP.S.oTIHU oDIST.-oNALBARI oASSAM oPIN-o781371 o8:NARAYANoBARMAN MEMBERoBALABARI oVILL-oBALABARI oP.O.oMAKHIBAHA oP.S.oTIHU oDIST.-oNALBARI oASSAM oPIN-o781371 o9:SOPNAoDEKA MEMBERoKSHETRAoPARA oVILL-oKSHETRAoPARAo oP.O.oMAKHIBAHA oP.S.oTIHU oDIST.-oNALBARI oASSAM oPIN-o781371 o10:MOTHURAoPATHAK MEMBERoBORoMAKHIBAHA oP.O.oMAKHIBAHA oP.S.oTIHU oDIST.-oNALBARI oASSAM oPIN-o781371 o11:ANJALIoDEKA Page No.# 3/6 MEMBER KSHETRA PARA VILL- KSHETRA PARA P.O. MAKHIBAHA P.S. TIHU DIST.- NALBARI ASSAM PIN- 781371 12:JAMINI PATHAK MEMBER NAN KAR VILL- NAN KAR P.O. MAKHIBAHA P.S. TIHU DIST.- NALBARI ASSAM PIN- 781371 13:CHANAKYA PATHAK MEMBER KAMARPARA VILL- KAMARPARA P.O. MAKHIBAHA P.S. TIHU DIST.- NALBARI ASSAM PIN- 781371 14:BHANITA RAJBONGSHI MEMBER DEKA PARA VILL- DEKA PARA P.O. MAKHIBAHA P.S. TIHU DIST.- NALBARI ASSAM PIN- 781371 15:MOLIN PATHAK MEMBER KAMARPARA VILL- KAMARPARA P.O. MAKHIBAHA P.S. TIHU DIST.- NALBARI ASSAM PIN- 781371 ------------ Advocate for : MR. T J MAHANTA Advocate for : SC P AND R.D. appearing for THE STATE OF ASSAM AND 14 ORS Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA