Dipali Das vs Sate Of Assam And 13 Ors

Heard Mr. A. Sarma, the learned counsel for the petitioner. Also heard Mr. M. Nath, the learned Standing Counsel for the P&RD Department.

The petitioner is the President of 41 No. North Karimganj Gaon Panchayat under North Karimganj Anchalik Panchayat of Karimganj district.

Amongst 10 elected Ward members, 7 out of them of the Gaon Panchayat on 04.06.2021 submitted a requisition notice to the Secretary of the Gaon

Panchayat for convening a special meeting for no-confidence motion against the petitioner. It is alleged that the Secretary nor the members delivered

the requisition notice to the petitioner and she was not aware about the said requisition notice. On 23.06.2021 the said 7 members of the Gaon

Panchayat submitted another requisition to the Secretary of the Gaon Panchayat for convening special meeting of no-confidence motion against her.

The Secretary of the Gaon Panchayat put up the same to the petitioner on 25.06.2021 and after fixing the scheduled date for convening the meeting

on 05.07.2021, requested the petitioner to accord her approval. On receipt of the said requisition notice on 25.06.2021, the petitioner made an office

note addressing the Secretary of the Gaon Panchayat that due to Covid-19 pandemic situation she requested to wait for few days and after the

situation is improved she would give approval for convening the meeting. The petitioner is aggrieved on the ground that the Secretary has no authority

to convey the such special meeting until and unless there is an approval of the President of the Gaon Panchayat. In case such a meeting is not

convened within a period of 15 days from the date of receipt of notice, the Secretary of the Gaon Panchayat within a period of 3 days refer the matter

to the President of the concerned Anchalik Panchayat who shall convey the meeting within a period of 7 days from the date of receipt of information

from the Secretary of the Gaon Panchayat. The petitioner through this writ petition sought for interference thereby setting aside the meeting dated

05.07.2021 convened by the Secretary of the said Gaon Panchayat.

I have heard both the learned counsel. From the office note dated 25.06.2021 by the petitioner, it is found that she is not against holding of the special

meeting for no-confidence motion but due to the Covid-19 pandemic situation she sought for deferring the same.

The private respondents being the Ward members of North Karimganj Gaon Panchayat enjoy the statutory right to seek for a resolution expressing

want of confidence in the President or the Vice-President of the concerned Gaon Panchayat. Under such circumstances, the petitioner as the

President of the Gaon Panchayat is also duty bound under Section 15 of the Assam Panchayat Act, 1994 to approve such special meeting being

convened by the Secretary of the Gaon Panchayat. The ground shown by the President for deferring the meeting and her approval, in my considered

opinion seems to be reasonable. Accordingly, as there is a change in the situation, this writ petition stands disposed of at this motion stage as

consented to by the learned counsel with a direction to the petitioner to take necessary steps under Section 15 of the Assam Panchayat Act, 1994

within a period of 15 days from today i.e. 08.07.2021 considering the notice dated 23.06.2021 to be submitted on 08.07.2021. In the event the

petitioner failed to give her approval for the said special meeting, the Secretary of the said panchayat shall take necessary steps as prescribed under

Section 15 of the Assam Panchayat Act, 1994.

With the said direction this writ petition stands disposed of at this motion stage.