The Gauhati High Court dismissed a writ petition filed by a Gaon Panchayat President and five others seeking directions to the Deputy Commissioner to allow her to resume office following a No Confidence Motion. The Court held the petition was devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010027772022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1138/2022
MRS. JHUMA NANDI AND 5 ORS W/O BINOY NANADI, PRESIDENT, BINNAKANDI BAGAN GAON PANCHAYAT, R/O VILL- BINNAKANDI GRANT PART-I, P.O.-BINNAKANDI TEA ESTATE, DIST-CACHAR, ASSAM, PIN-788126
2: RABI SHANKAR BAURI S/O LATE SUSHIL BAURI MEMBER WARD NO. 2 BINNAKANDI BAGAN GAON PANCHAYAT R/O VILL-BINNAKANDI GRANT PART-I P.O.-BINNAKANDI TEA ESTATE DIST-CACHAR ASSAM PIN-788126
3: MD. NURUL ALAM S/O MD. ANAR ALI MEMBER WARD NO. 7 BINNAKANDI BAGAN GAON PANCHAYAT R/O VILL-KHALKURI (HATIGURI GRANT) P.O.-BINNAKANDI TEA ESTATE DIST-CACHAR ASSAM PIN-788126
4: SANJOY BAURI S/O LATE ANIL BAURI MEMBER WARD NO. 04 BINNAKANDI BAGAN GAON PANCHAYAT R/O VILL- BINNAKANDI GRANT PART-I P.O.-BINNAKANDI TEA ESTATE
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DIST-CACHAR ASSAM PIN-788126
5: AMIT KUMAR BAURI S/O SRI PURNA BAURI MEMBER WARD NO. 05 BINNAKANDI BAGAN GAON PANCHAYAT R/O VILL-BINNAKANDI GRANT PART-I P.O.-BINNAKANDI TEA ESTATE DIST-CACHAR ASSAM PIN-788126 6: SMTI NANDA LOHAR W/O SRI IMON LOHAR MEMBER WARD NO. 03 BINNAKANDI BAGAN GAON PANCHAYAT R/O VILL-BINNAKANDI GRANT PART-I P.O.-BINNAKANDI TEA ESTATE DIST-CACHAR ASSAM PIN-78812
VERSUS
THE STATE OF ASSAM AND 12 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF PANCHAYAT AND RURAL DEVELOPMENT, DISPUR, GUWAHATI, ASSAM, PIN-781006
2:THE DEPUTY COMMISSIONER CACHAR SILCHAR PIN-788001 3:THE SUB-DIVISIONAL OFFICER (CIVIL) LAKHIPUR P.O.-LAKHIPUR DIST-CACHAR ASSAM 4:THE CHIEF EXECUTIVE OFFICER CACHAR ZILLA PARISHAD CACHAR SILCHAR
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P.O. AND P.S.-SILCHAR PIN-788001 DIST-CACHAR ASSAM
5:THE BLOCK DEVELOPMENT OFFICER BINNAKANDI DEVELOPMENT BLOCK CUM EXECUTIVE OFFICER BINNAKANDI ANCHALIK PANCHAYAT VILL AND P.O.-BINNAKANDI DIST- CACHAR PIN-788120
6:THE SECRETARY BINNAKANDI ANCHALIK PANCHAYAT BINNAKANDI DEVELOPMENT BLOCK VILL-KRISHNANAGAR P.O.-BINNAKANDI T.E. DIST- CACHAR ASSAM PIN-788126
7:THE PRESIDENT BINNAKANDI ANCHALIK PANCHAYAT BINNAKANDI DEVELOPMENT BLOCK VILL- KRISHNANAGAR P.O.-BINNAKANDI T.E. DIST- CACHAR ASSAM PIN-788126
8:THE SECRETARY NO. 70 BINNAKANDI BAGAN GAON PANCHAYAT VILL AND P.O.-BINNAKANDI TE P.S.- LAKHIPUR DIST-CACHAR ASSAM PIN-788126
9:SMTI SWAPNA SUTRADHAR W/O SRI ALLAD SUTRADHAR MEMBER WARD NO. 01 OF BINNAKANDI BAGAN GAON PANCHAYAT R/O VILL-KALAPOOL P.O.-BINNAKANDI TEA ESTATE DIST-CACHAR ASSAM PIN-788126
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10:SMTI SEBA BEGUM BARBHUIYA W/O AKTAR HUSSAIN MEMBER WARD NO. 08 OF BINNAKANDI BAGAN GAON PANCHAYAT R/O VILL-KAPTANPUR PART-XII P.O.-BINNAKANDI TEA ESTATE DIST-CACHAR ASSAM PIN-788126 11:SMTI RIYA DAS W/O SUBIR DAS MEMBER WARD NO. 09 OF BINNAKANDI BAGAN GAON PANCHAYAT R/O VILL-SWASTIPALLY P.O.-BINNAKANDI TEA ESTATE DIST-CACHAR ASSAM PIN-788126 12:SMTI SAPTAMI DEB D/O LATE BIPUL DEB MEMBER WARD NO. 10 OF BINNAKANDI BAGAN GAON PANCHAYAT R/O VILL-ALICHERA P.O.-BINNAKANDI TEA ESTATE DIST-CACHAR ASSAM PIN-788126 13:SMTI RABANI BAURI W/O SHANKAR BAURI MEMBER WARD NO. 06 OF BINNAKANDI BAGAN GAON PANCHAYAT R/O VILL-BINNAKANDI GRANT PART-I P.O.-BINNAKANDI TEA ESTATE DIST-CACHAR ASSAM PIN-78812
Advocate for the Petitioner : MR B D DAS
Advocate for the Respondent : SC, P AND R.D.
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BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
02.03.2022
Heard Mr. B. D. Das, learned senior counsel assisted by Ms. K. Phukan, learned counsel for the petitioners and Mr. A. Roy, learned Standing Counsel, P&RD Department for the respondent Nos. 1, 4, 5, 6 & 8 as well as Mr. B. Deuri, learned Government Advocate, Assam for the respondent Nos. 2 & 3.
Petitioner No. 1 was the elected President of No. 70 Binnakandi Gaon Panchayat under Binnakandi Anchalik Panchayat, District- Cachar. Majority members of said No. 70 Binnakandi Gaon Panchayat on 30.06.2021 submitted a requisition before the Secretary of said Binnakandi Gaon Panchayat to call for a special meeting to move No Confidence Motion against the petitioner No. 1. Accordingly, the said meeting was fixed on 07.08.2021 and a No Confidence Motion was passed against the said petitioner No. 1. Against the same, the petitioner No. 1 preferred WP(C) No. 4288/2021 challenging her removal in the said No Confidence Motion held on 07.08.2021. However, the said writ petition was withdrawn by the petitioner No. 1 on 13.12.2021. Thereafter, the petitioner No. 1 along with petitioner Nos. 2 to 6 preferred this writ petition for a direction to the Deputy Commissioner, Cachar, respondent No. 2 to allow the petitioner No. 1 to formally hold the Office of the President of No. 70 Binnakandi Gaon Panchayat under Binnakandi Anchalik Panchayat, District-Cachar and to dispose of their representation in terms of the order passed earlier by this Court on 13.05.2015. The petitioner Nos. 2, 3, 4 & 6, being the members of the said No. 70 Binnakandi Gaon Panchayat were the signatories of the said requisition dated 30.06.2021 and they voted in favour of No Confidence Motion against the petitioner No. 1. However, after withdrawal of said writ petition by the petitioner No. 1, the petitioner Nos. 2, 3, 4 & 6 have joined with her and preferred this writ petition.
Law is well settled that no such President or Vice-President of a Gaon Panchayat shall be removed from office unless he/she is given reasonable opportunity to furnish explanation to the Anchalik Panchayat.
In this regard Mr. B. D. Das, learned senior counsel for the petitioners placed
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reliance on the decision of this Court in the case of Abul Hussain and Others Vs. State of Assam and Others, reported in (2006) 2 GLR 83.
In the earlier WP(C) No. 2702/2015, disposed of on 13.05.2015, the Court did not pass any order on merit of the case except directing the Deputy Commissioner, Cachar, Silchar to dispose of the representation of the petitioners and to pass an order in accordance with law following the provisions of the Assam Panchayat Act 1994 where the petitioner No. 1 was the President of No. 67 Binnakandi Gaon Panchayat and No Confidence Motion against the petitioner No. 1 was moved on 18.10.2014 as per the provisions of the Assam Panchayat Act 1994.
Considering the above and after hearing the submission of the learned counsels for the parties, this writ petition being devoid of merit, stands dismissed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition for protection of her office as President of the Gaon Panchayat has merit.
Colour shows how this judgement treated each authority
Abul Hussain and Others Vs. State of Assam and OthersReferred¶36
(2006) 2 GLR 83
1 provisions across 1 enactments
Mrs. Jhuma Nandi and 5 ors
The State of Assam and 12 ors
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
