Allowed

Rup Kumar Tanti v. the State of Assam and 18 Ors.

Gauhati HC7 Dec 2020WP(C)/4605/2020

Case brief

AI extract

What is this about?

The Gauhati High Court set aside a no confidence resolution passed against the petitioner, a Panchayat President, for procedural violations. The court directed him to convene a fresh meeting within 15 days without requiring a fresh notice to him.

What did the court decide?

The resolution dated 21.10.2020 is set aside. The petitioner is directed to convene a fresh meeting within 15 days ending on 22.12.2020 without serving a fresh notice on himself.

Rup Kumar Tanti Vs the State of Assam and 18… — Pension and Retirement Benefits | Gauhati HC (2020)

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GAHC010156922020

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

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Case No. : WP(C)/4605/2020

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RUP KUMAR TANTI

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S/O- LT. SAMBHU TANTI, R/O- BEESAKHOPIE TEA ESTATE, DOOM DOOMA, DIST.- TINSUKIA, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 18 ORS.

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REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GHY- 6.

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2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT. JURIPAR PANJABARI GHY- 37.

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3:THE DY. COMMISSIONER TINSUKIA P.O. AND DIST.- TINSUKIA ASSAM PIN- 786125.

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4:THE PRESIDENT TINSUKIA ZILLA PARISHAD P.O. AND DIST.- TINSUKIA ASSAM PIN- 786125.

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5:THE CHIEF EXECUTIVE OFFICER TINSUKIA ZILLA PARISHAD P.O. AND DIST.- TINSUKIA ASSAM PIN- 786125.

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Page No.# 2/6

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6:THE BDO HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKKUM DIST.- TINSUKIA ASSAM PIN- 786170.

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7:JUNMONI CHETIA BORAH ANCHALIK PANCHAYAT MEMBER HAPJAN GAON PANCHAYAT C/O- BLOCK DEVELOPMENT OFFICER HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKUM DIST.- TINSUKIA ASSAM PIN- 786170.

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8:HAMANTI MURAH ANCHALIK PANCHAYAT MEMBER HAPJAN GAON PANCHAYAT C/O- BLOCK DEVELOPMENT OFFICER HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKUM DIST.- TINSUKIA ASSAM PIN- 786170.

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9:KAMAL DUWARA ANCHALIK PANCHAYAT MEMBER HAPJAN GAON PANCHAYAT C/O- BLOCK DEVELOPMENT OFFICER HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKUM DIST.- TINSUKIA ASSAM PIN- 786170.

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10:DHIREN TANTI ANCHALIK PANCHAYAT MEMBER HAPJAN GAON PANCHAYAT C/O- BLOCK DEVELOPMENT OFFICER HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKUM

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DIST.- TINSUKIA ASSAM PIN- 786170. 11:ANIL MORAN ANCHALIK PANCHAYAT MEMBER HAPJAN GAON PANCHAYAT C/O- BLOCK DEVELOPMENT OFFICER HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKUM DIST.- TINSUKIA ASSAM PIN- 786170.

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12:RUDRA TANTI ANCHALIK PANCHAYAT MEMBER HAPJAN GAON PANCHAYAT C/O- BLOCK DEVELOPMENT OFFICER HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKUM DIST.- TINSUKIA ASSAM PIN- 786170.

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13:CHITRA MOZUMDAR BORAH ANCHALIK PANCHAYAT MEMBER HAPJAN GAON PANCHAYAT C/O- BLOCK DEVELOPMENT OFFICER HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKUM DIST.- TINSUKIA ASSAM PIN- 786170.

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14:JYOTI TANDIYA ANCHALIK PANCHAYAT MEMBER HAPJAN GAON PANCHAYAT C/O- BLOCK DEVELOPMENT OFFICER HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKUM DIST.- TINSUKIA ASSAM PIN- 786170.

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15:ANIMA KARMAKAR ANCHALIK PANCHAYAT MEMBER HAPJAN GAON PANCHAYAT C/O- BLOCK DEVELOPMENT OFFICER HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKUM DIST.- TINSUKIA ASSAM PIN- 786170. 16:JAY KISHAN GOWALA ANCHALIK PANCHAYAT MEMBER HAPJAN GAON PANCHAYAT C/O- BLOCK DEVELOPMENT OFFICER HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKUM DIST.- TINSUKIA ASSAM PIN- 786170.

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17:RUKMINI PATOR ANCHALIK PANCHAYAT MEMBER HAPJAN GAON PANCHAYAT C/O- BLOCK DEVELOPMENT OFFICER HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKUM DIST.- TINSUKIA ASSAM PIN- 786170.

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18:RUPALI MUNDA ANCHALIK PANCHAYAT MEMBER HAPJAN GAON PANCHAYAT C/O- BLOCK DEVELOPMENT OFFICER HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKUM DIST.- TINSUKIA ASSAM PIN- 786170.

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19:DIPOK KOYA ANCHALIK PANCHAYAT MEMBER HAPJAN GAON PANCHAYAT C/O- BLOCK DEVELOPMENT OFFICER

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HAPJAN DEVELOPMENT BLOCK MAKUM JUNCTION P.O.- MAKUM DIST.- TINSUKIA ASSAM PIN- 786170

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Advocate for the Petitioner : MR. P K ROYCHOUDHURY

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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07-12-2020

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Heard Shri P. K. Roychoudhury, learned counsel for the petitioner. Also heard Shri M. Nath, learned Standing Counsel, Panchayat and Rural Development Department representing the contesting respondents.

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At the outset, Shri Roychoudhury has drawn the attention of this Court to the order dated 03.11.2020 which had given liberty to cause dasti service upon the private respondent. In this connection, the learned counsel refers to an affidavit filed on 18.11.2020 whereby the dasti service upon the respondent Nos. 4 and 7 to 19 are seen to be complete.

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The petitioner is aggrieved by a no confidence motion initiated at the instance of the respondent No. 7 to 19 on the ground of violation of the statutory conditions laid down in the Assam Panchayat Act and the Rules.

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It is the case of the petitioner that he was elected President of the Hapjan Anchalik Panchayat and the tenure of such post is 5 years. However, it appears that the respondent Nos. 7 to 19 had submitted a requisition notice on 27.08.2020 to convene a special meeting for no confidence motion against the petitioner. It is the case of the petitioner that without placing the requisition notice before him, the authorities took action unilaterally and convened the meeting on 21.10.2020. By referring to Section 43 of the Assam Panchayat Act, the learned counsel submits that the mandatory requirement have been grossly violated and that apart, there has been violation of the principles of natural justice, as an adverse action has been taken

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against the petitioner without giving him any reasonable opportunity. He accordingly prays for an order to set aside the entire proceedings which had culminated in the resolution dated 21.10.2020.

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Shri M. Nath, learned Standing Counsel, Panchayat and Rural Development Department on the other hand submits that even without entering into the merits of the case and assuming that the case projected by the petitioner is factually correct, the challenge is confined only to violation of the procedure of not given adequate time of the petitioner to hold such a meeting. In that view of the matter, the learned Standing Counsel has submitted that the impugned resolution dated 21.10.2020 may be set aside and since the petitioner is before this Court, notice would be deemed to have been served and within 15 days from the date of such notice, petitioner is required to hold the meeting in accordance with Section 43 of the Assam Panchayat Act.

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Shri Roychoudhury, the learned counsel for the petitioner submits that in the event the provisions of Section 43 are meticulously followed, he is agreeable to face such a no confidence motion.

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In view of the aforesaid facts and circumstances, while setting aside the resolution dated 21.10.2020, this Court directs that the petitioner may convene a fresh meeting within 15 days from today which will end on 22.12.2020. It is further made clear that there would be no requirement of any fresh notice to be served upon the petitioner to convene the said meeting. In the event the meeting is held, the authorities would ensure that the same is held in accordance with the provisions prescribed in the Assam Panchayat Act.

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Writ petition is accordingly disposed of.

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Comparing Assistant

Rup Kumar Tanti v. the State of Assam and 18 Ors.

Case brief

What is this about?

What did the court decide?

Rup Kumar Tanti v. the State of Assam and 18 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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