Dismissed

Alsuma Begum v. Renuja Khatun Patowary and 3 Ors.

Gauhati HC1 Dec 2020I.A.(Civil)/1496/2020

Case brief

AI extract

What is this about?

An I.A. filed to vacate an interim order suspending the appointment of the applicant as Gaon Panchayat President due to qualification defects. The Court held that amended Section 111 of the Assam Panchayat Act, 1994 does not permit holding office without requisite qualifications.

What did the court decide?

Petition to vacate the interim order suspending the applicant's appointment as Gaon Panchayat President is dismissed.

Alsuma Begum Vs Renuja Khatun Patowary and 3 Ors. — Service and Employment | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010128102020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/1496/2020

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ALSUMA BEGUM

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W/O. ABDUL HANIF, R/O. VILL. DOBOKA PATHER, PO AND PS DOBOKA, HOJAI ASSAM, PIN- 782440

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VERSUS

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RENUJA KHATUN PATOWARY AND 3 ORS. W/O. RAHMAN ALI PATOWARY, R/O DOBOKA PATHER. P.O. AND P.S. DOBOKA, DIST. HOJAI (ASSAM), PIN- 782440

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2:THE STATE OF ASSAM

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3:THE DEPUTY COMMISSIONER HOJAI

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4:BLOCK DEVELOPMENT OFFICE

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Advocate for the Petitioner : MR. I HUSSAIN

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Advocate for the Respondent : MRS N SAIKIA

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 01-12-2020

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Page No.# 2/3

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Heard Mr. I. Hussain, learned counsel for the applicant. Also heard Mr. M. Nath, learned standing counsel, P&RD Department, Assam, Ms. D.D. Barman, learned Govt. Advocate, Assam and Ms. B. Bhuyan, learned counsel representing the opposite party/ writ petitioner.

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This I.A. has been filed with a prayer to vacate the interim order dated 31-08-2020 passed by this Court in W.P.(C) No. 3291/2020 whereby, the appointment of the applicant as the interim President of the concerned Gaon Panchayat has been suspended by the learned Single Judge on the ground that she does not meet the qualification norms as laid down in the amended provision of Section 111 of the Assam Panchayat Act, 1994.

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Mr. Hussain has argued that since his client has been asked to temporarily takeover charge in the office of the President of the Gaon Panchayat, the amended provision would not come into play in this case. The learned counsel has, however, candidly submitted that his client is not a HSLC passed candidate.

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From a plain reading of the amended provision of Section 111 of the Act of 1994, I am of the prima facie opinion that not to speak of holding a regular post of President/ Vice President/ Member of Gaon Panchayat, no person can even be co-opted or allowed to remain in those offices unless he or she has passed the HSLC or equivalent examination under a recognized Board. Exception, if any, in the form of relaxation is available only in case of candidates belonging to S/C, S/T, OBC, MOBC categories which, however, would not have any bearing in the present case. Situated thus, it is apparent that the applicant cannot hold the office of President of the Gaon Panchayat. As such, I do not find any

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good ground to vacate the interim order 31-08-2020 passed in this case.

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This I.A. stands dismissed accordingly.

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JUDGE

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Comparing Assistant

Alsuma Begum v. Renuja Khatun Patowary and 3 Ors.

Case brief

What is this about?

What did the court decide?

Alsuma Begum v. Renuja Khatun Patowary and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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Coram

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