Allowed

Prabhati Dhodrai v. the State of Assam and 5 Ors.

Gauhati HC3 Mar 2021WP(C)/255/2021

Case brief

AI extract

What is this about?

The Gauhati High Court allowed a writ petition challenging the removal of the President of Doolahat Sonapur Gaon Panchayat via a no confidence motion. The court found a specific violation of Section 15 of the Assam Panchayat Act, 1994 due to the failure to serve notice on the petitioner, quashing the resolution and the order allowing the Vice President to take over.

What did the court decide?

Resolution dated 14.12.2020 and the consequent order allowing the Vice President to take over the charge were set aside and quashed.

Prabhati Dhodrai Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010007252021

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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)/255/2021

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PRABHATI DHODRAI

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D/O. NUWEL DHODRAI, VILL. HARIBOR DOLONI, P.O. HARIBOR NAHORANI, P.S. LALUK, DIST. LAKHIMPUR, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI781006, ASSAM.

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2:THE DY. COMMISSIONER

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LAKHIMPUR DIST. LAKHIMPUR NORTH LAKHIMPUR ASSAM PIN-787001.

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3:THE LAKHIMPUR ZILA PARISHAD

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REP. BY THE CHAIRMAN/EXECUTIVE OFFICER LAKHIMPUR TOWN DIST. LAKHIMPUR NORTH LAKHIMPUR ASSAM. PIN-787001.

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4:NOWBOICHA ANCHALIK PANCHAYAT REP. BY THE CHAIRMAN/EXECUTIVE OFFICER NOWBOICHA DIST. LAKHIMPUR ASSAM

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Page No.# 2/3

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PIN-787023.

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5:DOOLAHAT SONAPUR GAON PANCHAYAT

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REP. BY THE SECRETARY VILL. 30 NO. F.C. GRANT P.O. SINGRA P.S. LALUK DIST. LAKHIMPUR PIN-787023 ASSAM. 6:PAPU HAZARIKA VICE PRESIDENT DOOLAHAT SONAPUR GAON PANCHAYAT S/O. RATNESWAR HAZARIKA VILL. NO.1 SONAPUR P.O. SONAPUR P.S. LALUK DIST. LAKHIMPUR ASSAM PIN-784160

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Advocate for the Petitioner : MR. R P SARMAH

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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THE HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA ORDER

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03.03.2021.

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Heard Mr. R. P. Sarmah, the learned Senior Counsel assisted by Ms. S. P. Chetry, the learned counsel for the petitioner. Also heard Mr. M. Nath, the learned Standing Counsel for the P&RD Department, Assam and Mr. M. Dey, the learned counsel for the caveator/respondent No. 6.

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The present petitioner is the President of Doolohat Sonapur Gaon Panchayat against whom purportedly a No Confident Motion was initiated and consequently a resolution was

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taken in support of the said motion on 14.12.2020. On the basis of the said resolution, the Chief Executive Officer, Lakhimpur Zila Parishad allowed the Vice President of the Gaon Panchayat who is the private respondent No. 6 to take over the charge of the President of the said Panchayat. Alleging specific violation of Section 15 of the Assam Panchayat Act, 1994 as no notice was served on the present petitioner Mr. Sarmah submits that the whole exercise was illegal and liable to be set aside.

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Mr. Nath, the learned Standing Counsel for the P&RD Department, Assam produced the record and on perusal it is found that a notice was served on the Secretary, Doolohat Sonapur Gaon Panchayat on 29.10.2020 by seven members of the Panchayat. Subsequent to the issuance of the notice as per the record, it is found that the Secretary of the said Gaon Panchayat vide his letter dated 13.11.2020 issued in favour of the President of the Anchalik Panchayat sought a decision in respect of the notice dated 29.10.2020 signed by seven members of the Panchayat.

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From the record, I am satisfied that there are no such materials in order to show compliance of the provision under Section 15 of the Assam Panchayat Act, 1994 whereby the notice was served on the President of the no confidence motion against him.

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In view of the same, the contentions raised in this writ petition are found to be correct and accordingly there is a specific violation of Section 15(1) of the Assam Panchayat Act, 1994 as a result the resolution dated 14.12.2020 and the consequent order issued by the Chief Executive Officer, Lakhimpur Zila Parishad dated 15.12.2020 allowing the private respondent No. 6 to take over the charge of the President of the said Gaon Panchayat are set aside and quashed.

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Accordingly, this writ petition is allowed. Send back the LCR. Interim order if any stands vacated.

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Comparing Assistant

Prabhati Dhodrai v. the State of Assam and 5 Ors.

Case brief

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Prabhati Dhodrai v. the State of Assam and 5 Ors.

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