JUNALI DOLEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) These writ petitions, being related to the no confidence motion brought against the President of Ghilamara Anchalik Panchayat under Lakhimpur Zilla Parishad, are taken up for disposal together. WP(C) No. 4815/2010 has been filed by the Vice President and 4(four) members of the said Anchalik Panchayat challenging the communication dated 12.08.2010 issued by the Chief Executive Officer of Zilla Parishad intimating the Executive Officer of the Anchalik Panchayat that as the resolution expressing want of confidence on the President of the Anchalik Panchayat (Respondent No. 8) has not been adopted by the majority of 2/3rd members, the same vitiates the provisions contained in Section 43(1) of the Assam Panchayat Act, 1994 (in short the 1994 Act) and as such no further action could be taken in that regard. A further prayer has also been made to declare that the office of the President of the Anchalik Panchayat stands vacated on 07.08.2010 when the resolution expressing want of confidence was passed in the special meeting of the Anchalik Panchayat.

(2.) WP(C) No. 5596/2010 has been filed by the President of Ghilamara Anchalik Panchayat (Respondent No. 8 in WP(C) No. 4815/2010), challenging the notice dated 01.10.2010 issued by the Executive Officer of the Anchalik Panchayat convening an urgent meeting on 05.10.2010, which according to the writ Petitioner has been convened to elect the President of the Anchalik Panchayat, though the Zilla Parishad has refused to act on the resolution adopted in the meeting of the Anchalik Panchayat on 07.08.2010 expressing want of confidence on her, on the ground of not being passed by majority of 2/3rd number of members, as required under the provisions of the 1994 Act.

(3.) The relevant facts necessary for disposal of the present two writ petitions, which are not in dispute, may be noticed as under. Ghilamara Anchalik Panchayat was constituted with 9(nine) directly elected members, which however been reduced to 8 because of the death of one member, out of which, 6 members on 30.07.2010 gave a notice expressing want of confidence on the President of the Anchalik Panchayat, pursuant to which a special meeting was convened on 07.08.2010, wherein 5(five) out of 8(eight) existing directly elected members of the Anchalik Panchayat adopted a resolution expressing want of confidence on the President. The Executive Officer of the Anchalik Panchayat vide communication dated 07.08.2010 informed the Deputy Commissioner about the proceeding dated 07.08.2010, with copy to the Chief Executive Officer of the Zilla Parishad. By impugned communication dated 12.08.2010 the Chief Executive Officer of the Zilla Parishad informed the Executive Officer of the Anchalik Panchayat that as the 5(five) members of the Anchalik Panchayat do not constitute majority of 2/3rd of 8(eight) members, the resolution expressing want of confidence on the President cannot be treated to be valid, in view of the provision contained in Section 43 of the 1994 Act and as such no action can be taken on the basis of such resolution. Thereafter, a notice dated 01.10.2010 has been issued by the Executive Officer of the Anchalik Panchayat convening an urgent meeting of the Anchalik Panchayat fixing 05.10.2010 as the date for such meeting, which has been challenged in WP(C) No. 5596/2010.