Petitioner elected Gaon Panchayat President was removed via resolution under Section 15(1) of Assam Panchayat Act 1994. Court examined scheme of Act regarding restoration.
Writ petition closed; leave granted to petitioner to participate in upcoming elections if advised.
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GAHC010153892022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5091/2022
MUNJIRA KHATUN W/O ABDUL MOJIT,
R/O KATHURI, P.O.- RAJMITA, P.S.- LAKHIPUR, DIST.- GOALPARA, ASSAM, PIN- 783129.
VERSUS
THE STATE OF ASSAM AND 16 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT, DISPUR, GUWAHATI- 781006.
2:THE DEPUTY COMMISSIONER GOALPARA ASSAM PIN- 783101.
3:THE GOALPARA ZILLA PARISHAD REP. BY THE CHIEF EXECUTIVE OFFICER GOALPARA ZILLA PARISHAD DIST.- GOALPARA ASSAM PIN- 783101.
4:THE CHIEF EXECUTIVE OFFICER GOALPARA ZILLA PARISHAD GOALPARA ASSAM.
5:JALESWAR ANCHALIK PANCHAYAT REP. BY ITS PRESIDENT P.O.- JALESWAR P.S.- LAKHIPUR
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DIST.- GOALPARA ASSAM PIN- 783129. 6:THE EXECUTIVE OFFICER JALESWAR ANCHALIK PANCHAYAT P.O.- JALESWAR DIST.- GOALPARA ASSAM PIN- 783129. 7:THE SECRETARY NO. 13 KATHURI GAON PANCHAYAT P.O.- RAJMITA P.S.- LAKHIPUR DIST.- GOALPARA ASSAM PIN- 783129. 8:HALIMA KHATUN W/O ABDUS SOBAHAN R/O KATHURI P.O.- TAKIMARI P.S.- LAKHIPUR DIST.- GOALPARA ASSAM PIN- 783129. 9:ROMEZ UDDIN S/O MOHIR UDDIN VILL.- 2 NO. PUB KATHURI (KHA) P.O.- TAKIMARI P.S.- LAKHIPUR DIST.- GOALPARA ASSAM PIN- 783129. 10:OMOR ALI S/O JOYNUDDIN VILL.- 3 NO. PACHIM KATURI (KA) P.O.- RAJMITA
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P.S.- LAKHIPUR DIST.- GOALPARA ASSAM PIN- 783129. 11:MOFIDUL ISLAM S/O LT. ELAHI BOZO
VILL.- 8 NO. BODBODI (GERAPURI) P.O.- RAJMITA P.S.- LAKHIPUR DIST.- GOALPARA ASSAM PIN- 783129. 12:AMZAD ALI S/O ABDUL KESIM R/O 4 NO. PACHIM KATHURI (KHA)
P.O.- RAJMITA P.S.- LAKHIPUR DIST.- GOALPARA ASSAM 13:NURJAHAN NESSA W/O AMIR ALI R/O IETENGPARA P.O.- 10 NO. IETENGAPARA P.S.- LAKHIPUR DIST.- GOALPARA ASSAM. 14:SOBJALUR RAHMAN S/O- LT. AMIR ALI VILL.- 5 NO. SAPTIBARI P.O.- RAJMIRA P.S.- LAKHIPUR DIST.- GOALPARA PIN- 783129. 15:ALIMON NESSA W/O AINNUDDIN VILL.- 6 NO. KARAIBARI P.O.- RAJMITA
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P.S.- LAKHIPUR DIST.- GOALPARA ASSAM PIN- 783129.
16:SHAHANARA BEGUM W/O MERAJUL HOQUE
VILL.- NO NERAPURI P.O.- RAJMITA P.S.- LAKHIPUR DIST.- GOALPARA ASSAM PIN- 783129.
17:SOPBURA KHATUN W/O SORMAN ALI
VILL.- 9 NO. FETENGAPARA (K) P.O.- RAJMITA P.S.- LAKHIPUR DIST.- GOALPARA ASSAM PIN- 783129
Advocate for the Petitioner : MR H DAS
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 09-09-2022
Heard Mr. H. Das, learned counsel for the writ petitioner. Also heard Mr. S. Dutta,
learned standing counsel, P&RD Department, Assam and Mr. K. Gogoi, learned Govt. Advocate, Assam appearing for the official respondents.
The petitioner herein who was elected as the President of the No. 13 Kathuri Gaon Panchayat in the district of Goalpara was removed from office vide resolution dated 18-
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10-2021 adopted in the special meeting convened under Section 15(1) of the Assam Panchayat Act, 1994. Subsequent to her removal from office, it appears that as many as 09 (nine) members of the Gaon Panchayat including the 06 (six) requisitionist has made an application before the Deputy Commissioner to restore the petitioner back in the office. When no action was taken on such representation, the instant writ petition has been filed.
On instruction received from the respondent, Mr. S. Dutta, learned standing counsel, P&RD Department, Assam submits that once a Gaon Panchayat President has been removed from the office based on a resolution adopted in a special meeting convened in accordance with Section 15(1) of the Act of 1994, there is no provision under the law permitting restoration of the same person in office again without facing election.
After a careful examination of the scheme of Section 15(1) of the Act of 1994, this Court also finds that once a person is removed from the office of the President or the Vice-President of the Gaon Panchayat by a resolution adopted in a special meeting convened in accordance with the provision of Section 15(1) of the Act of 1994, the same person cannot be restored back in the office without facing a fresh election.
Mr. Das, learned counsel for the petitioner has also fairly admitted to the said legal position.
If that be so, nothing survives for decision in this writ petition. This writ petition is, therefore, closed by granting leave to the petitioner to take part in the upcoming election for filling up the various posts of the Gaon Panchayat in the State of Assam, if so advised.
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JUDGE
GS
Comparing Assistant
1 issue framed by the court
Whether a person removed from the office of Gaon Panchayat President under Section 15(1) can be restored without a fresh election.
1 provisions across 1 enactments
Munjira Khatun w/o Abdul Mojit
State of Assam
Deputy Commissioner, Goalpara
Goalpara Zilla Parishad
Jaleswar Anchalik Panchayat
11 other respondents
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
