Dismissed

Aminul Hoque v. the State of Assam and 17 Ors.

Gauhati HC5 Mar 2021WP(C)/190/2021

Case brief

AI extract

What is this about?

This order sets aside a no-confidence motion resolution against the petitioner, a Gaon Panchayat President. Earning that the mandatory requisition for a special meeting was not delivered to him, the court held the resolution non est. It directed the Secretary to convene a valid meeting after excluding the petitioner's notice date.

What did the court decide?

Resolution passed on 8.1.2021 is set aside; Petitioner to be permitted to attend the special meeting convened thereafter.

Aminul Hoque Vs the State of Assam and 17 Ors. — Municipal and Town Planning | Gauhati HC (2021)

¶1

Page No.# 1/5

¶2

GAHC010006042021

¶3

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

¶4

Case No. : WP(C)/190/2021

¶5

AMINUL HOQUE S/O MONNAT ALI RESIDENT OF VILLAGE BOWALKAMARI PART I PO BOWALKAMARI, PS BILASIPARA, DIST DHUBRI, ASSAM 783348

¶6

VERSUS

¶7

THE STATE OF ASSAM AND 17 ORS

¶8

REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR GUWAHATI 6

¶9

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

¶10

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI 06

¶11

3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM

¶12

PANCHAYAT AND RURAL DEVELOPMENT

¶13

DISPUR GUWAHATI 06

¶14

4:THE DEPUTY COMMISSIONER DHUBRI ASSAM

¶15

5:THE SUB DIVISIONAL OFFICER (CIVIL) BILASIPARA DHUBRI ASSAM

¶16

6:THE DHUBRI ZILLA PARISHAD

¶17

REPRESENTED BY CHIEF EXECUTIVE OFFICER

¶18

Page No.# 2/5

¶19

DHUBRI ZILLA PARISHAD ASSAM

¶20

7:THE PRESIDENT DHUBRI ZILLA PARISHAD DHUBRI ASSAM 8:THE NAYERALGA ANCHALIK PANCHAYAT REPRESENTED BY ITS PRESIDENT MAYERALGA ANCHALIK PANCHAYAT BILASIPARA DHUBRI ASSAM

¶21

9:THE EX OFFICIO EXECUTIVE OFFICER

¶22

NAYERALGA ANCHALIK PANCHAYAT BILASIPARA CUM BLOCK DEVELOPMENT OFFICER NAYERALGA DEVELOPMENT BLOCK BILASIPARA DHUBRI ASSAM 10:THE SECRETARY DUBACHURI GAON PANCHAYAT PO AND PS BILASIPARA DHUBRI ASSAM 783348 11:AKTAR ALI S/O LATE HAKU SK VILLAGE DUBACHURI PT I PO BARKANDHA PS BILASIPARA DIST DHUBRI ASSAM 783348 12:SORIFUN BIBI W/O SADEK ALI VILLAG DUBACHURI PT II PO BARKANDHA PS BILASIPARA DIST DHUBRI ASSAM 783348 13:SANWAR HUSSAIN S/O MONU SK

¶23

Page No.# 3/5

¶24

VILLAG DUBACHURI PT II PO BARKANDHA PS BILASIPARA DIST DHUBRI ASSAM 783348

¶25

14:SURAT JAMAL SK S/O LATE KUTU SK VILLAG DUBACHURI PT II PO BARKANDHA PS BILASIPARA DIST DHUBRI ASSAM 783348

¶26

15:JILJILA KHATUN W/O YOUSUF ALI VILLAGE BOWALKAMARI PT I PO BOWALKAMARI PS BILASIPARA DIST DHUBRI ASSAM 783348

¶27

16:NURJAHAN BIBI W/O HASHEM ALI VILLAGE PATAKHATA PT I PO BAGRIBARI PS GAURIPUR DIST DHUBRI ASSAM 783349

¶28

17:YEAKUB ALI S/O ABDUL MOZID VILLAGE BOWALKAMARI PT III PO BARKHANDHA PS BILASIPARA DIST DHUBRI ASSAM 783348 18:ASIYA BIBI W/O DULAL SK VILLAGE BOWALKAMARI PT III PO BARKHANDHA PS BILASIPARA DIST DHUBRI ASSAM 78334

¶29

Advocate for the Petitioner : MR. M U MONDAL

¶30

Page No.# 4/5

¶31

Advocate for the Respondent : GA, ASSAM

¶32

BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA

¶33

ORDER

¶34

Date : 05-03-2021

¶35

Heard Mr. H. R. A.Choudhury, learned Senior Counsel assisted by Mr. A. T. Sarkar, learned counsel for the petitioner. Also heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. M. Hussain, learned counsel for private respondent Nos. 11 to 18, Ms. D. D. Barman, learned Addl. Senior Govt. Advocate for respondent Nos. 4 and 5, Mr. A. Mobarak, learned counsel for respondent No. 8 and Mr. A. Bhattacharyya, learned counsel for respondent P&RD Department..

¶36

The petitioner is the President of 94 Dubachuri Gaon Panchayat who is aggrieved by the letter dated 19.12.2020 by which a requisition for No Confidence Motion was made by the members of the Gaon Panchayat and also letter dated 6.1.2021 by which the Secretary of the Gaon Panchayat had referred the matter to the President of Nayeralga Anchalik Panchayat for holding a special meeting and also for setting aside the resolution dated 8.1.2021 of the said meeting held on 8.1.2021 thereby passing the No Confidence Motion against the petitioner. It is mandatory u/s 15 of the Assam Panchayat Act, 1994 that the requisition for a special meeting is required to be by not less than 1/3^rd members of Gaon Panchayat and shall be delivered to the President of the concerned Gaon Panchayat with information to the Deputy Commissioner of the District. Here the main grievance of the petitioner is that no such requisition for special meeting was delivered to the President for which he had no knowledge in respect of the requisition of the special meeting.

¶37

There is no dispute that the delivery of the requisition to the President is mandatory condition u/s 15 (2) of the Assam Panchayat Act, 1994 and non compliance of such mandatory provision and any resolution thereafter is nonest in the eye of law. Accordingly as agreed to by the counsel of both the parties, the resolution dated 8.1.2021 is set aside. The petitioner as the president shall give due approval as the President of the Panchayat

¶38

Page No.# 5/5

¶39

whereafter a meeting shall be specially convened by the Secretary of the said Gaon Panchayat and for the purpose of convening the said meeting the date of notice of the President shall be taken into consideration as 5.3.2021 whereafter within the next 15 days the meeting shall be convened as per Section 15(1) of the Assam Panchayat Act, 1994.

¶40

Accordingly this writ petition is disposed of as per the observation and directions made hereinabove.

¶41

Comparing Assistant

Aminul Hoque v. the State of Assam and 17 Ors.

Case brief

What is this about?

What did the court decide?

Aminul Hoque v. the State of Assam and 17 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Tominur Islam Vs the State of Assam and 3 Ors.

M/S Tezalpatty Tea Pvt. Ltd. and Anr. Vs the State of Assam and 3 Ors.

Safiul Ahmed Vs the State of Assam and 4 Ors.

The Director General, Crpf (Recruitment Branch) Vs Dibyajyoti Bora and 3 Ors.

Rabindra Chowhoria @ Rabindra Chhowchharia Vs State of Assam and 5 Ors.

Lombina Maramsa and 4 Ors. Vs the Union of India and 6 Ors.