Judgment · High Court

WP(C) 2241/2010 BEFORE THE HON’BLE MR JUSTICE ASOK POTSANGBAM Heard Dr B Ahmed, learned counsel for the petitioner, Mr BJ Ghose, learned GA, A ssam and Mr PP Baruah, learned counsel for the respondent No 7. As agreed to by the learned counsel for the parties, this writ petitions is fina lly disposed of by this order. As provided under sub-section (1) and (2) of section 15 of the Assam Panchayat R aj Act, 1994, a No Confidence Motion brought by the members of the Tinthengia Ga on Panchayat against the President was successfully carried and requisite number of members voted in favour of No Confidence Motion. By operation of law, as pro vided under section 15 of the Assam Panchayat Raj Act, 1994, the President shall be deemed to have vacated the office. In the event of vacating the office by th e President, the Vice President of the Gaon Panchayat shall exercise all the pow ers, perform all the functions and discharge all the duties of the President as provided under sub-section (1) of section 13 of the Assam Panchayat Raj Act, 199 4, till the office of the President is filled up in the manner as provided under sub-section (1)(b) of section 6 of the Act. Dr Ahmed submits that this petition has been filed by nine members of the Gaon P anchayat including the Vice President on the ground that the respondent authori ties in the Government are not facilitating the assumption of charge of the offi ce of the President in terms of section 13 (1)(d) of the Assam Panchayat Raj Act , 1994, rather an obstruction has been created by the respondent authorities, as such, he prays for a clear direction from this Court to enable the Vice Preside nt to exercise powers, perform all the functions and discharge all the duties of the President in terms of section 13 (1)(d) of the Assam Panchayat Raj Act, 199

I find the prayer is reasonable. In normal circumstance, there would have been n o requirement of passing such order, as prayed for. However, to remove any doub t and to ensure that the operation of law is not scuttled by the vested interest , it is provided that the Vice President Md Abu Hanifa shall be allowed to exerc ise powers, perform all the functions and discharge all the duties of the Presid ent in terms of section 13 (1)(d) of the Assam Panchayat Raj Act, 1994, till the office of the President is filled up in the manner as provided under sub-sectio n (1)(b) of section 6 of the Act. With the aforesaid observations and directions, this writ petition stand