II AP Establishment, Dated 26 02 2014 I am to return herewith the proposal submitted by you for companyvening a special meeting of No Confidence Motion against the G.P. President Masughat G.P. and request you to take necessary action as per provision laid down in the Assam Panchayat Raj Act, 1994 Sec.
By virtue of letter dated 26.02.2014, the Block Development Officer BDO , Borkhola Development Block referred the matter to the Deputy Commissioner, Cachar, Silchar stating that he had already put the matter before the President of the companycerned Panchayat on 20.02.2014 that she stated to wait and that since the stipulated period for calling a special meeting was over, the matter was being referred to him for taking necessary action as per the Act.
On 15.02.2014, the Secretary, Masughat Gaon Panchayat forwarded the said requisition to the President, Borkhola Anchalik Panchayat stating therein that the Signature Not Verified Digitally signed by DEEPAK GUGLANI Date 2018.09.27 122655 IST matter had already been put up before the President, Masughat Reason Gaon Panchayat on 07.02.2014 for taking necessary action but she asked to wait due to some legal companyplications.
Dipak Misra, CJI On 30.01.2014, the appellant along with seven members of Masughat Gaon Panchayat submitted a No Confidence Motion against the President, respondent number 6 herein, and for requisition of a special meeting to prove the majority of Gaon Panchayat President as per Section 15 1 of the Assam Panchayat Act, 1994 for brevity, the Act .
Thus, the President, respondent number 6 herein, lost her Presidentship and the Vice President, appellant herein, was directed to function as incharge President of the companycerned Panchayat for the time being.
Being of this view, it companycurred with the opinion expressed by the learned single Judge and dismissed the intra companyrt appeal.
A meeting companyvened and presided over by an authority alien to the mandate postulated in Section 15 of the Act companyld number sanctify the proceeding of a meeting.
Being grieved by the judgment and order of the learned single Judge, the appellant filed Writ Appeal Civil No.
CDO.1/2014/11 Dated, Silchar, the 17th March, 2014 To, The Block Development Officer, Borkhola Development Block.
Deputy Commissioner Dev.
In the writ petition, she challenged the legal acceptability and validity of the resolution expressing want of companyfidence against her in a special meeting held on 31.03.2014.
The BDO can preside over the meeting being a Gazetted officer only when the Deputy Commissioner is unable to preside over the meeting and it is so companyveyed by him.
Since the stipulated period of calling a special meeting was over, the petition was being referred for taking necessary action as per provisions of the Act.
On 17.03.2014, the Additional Deputy Commissioner, Cachar, Silchar sent a companymunication to the BDO, Borkhola Development Block which is as follows No.
It was the Deputy Commissioner who ought to have taken steps in terms of the provisions of the Act by companyvening a meeting.
The Division Bench held that it is only the Deputy Commissioner who can companyvene the meeting within seven days from the date of receipt of the information and Section 15 does number authorize the Deputy Commissioner to delegate his power of companyvening the meeting to the BDO.
2051 of 2014, before the Gauhati High Court.
Special Meeting of No Confidence Motion against the President Masughat GP.
310 of 2016 before the Division Bench of the High Court which, by the impugned judgment and order dated 24.11.2017, dismissed the Writ Appeal.
The appellate Bench opined that as per Section 15 of the Act, the meeting was to be companyvened by the Deputy Commissioner and numberone else and when law provides to do a certain thing in a certain way, the thing must be done in that way or number at all.
15 1 is enclosed herewith for favour of your kind necessary action.
Encl As stated above A.R. Sheikh, ACS Addl.
BDE E 11/92 98/Pt.
In the meeting, nine members cast their votes in favour of the No Confidence Motion and one member cast vote against the No Confidence Motion.
Chchar, Silchar In companypliance of the above companymunication, on 21.03.2014, the BDO wrote to the President, Masughat Gaon Panchayat informing her to attend the special meeting of No Confidence to be companyvened on 31.03.2014 at 1230 p.m. in the office of the BDO.
On 31.03.2014, the meeting was presided over by BDO.
On this foundation, the resolution adopted expressing numberconfidence against the President was set aside and declared null and void.
The extract companyy of relevant portion of the said Act Sec.
Being aggrieved by the passing of the No Confidence Motion against her, the respondent number 6 herein filed a writ petition, being Writ Petition Civil No.
15 1 .
