Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Assam Panchayat Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Assam Panchayat Act, 1994– s.15(1)– Mandatory provision–Waiver of – No Confidence Motion passed against respondentno. 6, President of the concerned Panchayat in a meeting presidedover by the Block Development Officer (BDO) – Respondent no. 6lost her Presidentship and the appellant, Vice President, was directedto function as incharge President of the concerned Panchayat forthe time being– Writ petition filed by respondent no.6 challengingthe legal acceptability and validity of the resolution expressing wantof confidence against her, allowed– Held: On a plain reading ofthe s.15(1), it is clear that the meeting has to be convened by theDeputy Commissioner within a stipulated time and the said authorityhas also been conferred the power to depute one Gazetted Officerunder him not below the rank of Class I Gazetted Officer to presideover the meeting – A mandatory provision of law requires strictcompliance but there are situations where even if a provision ismandatory, non-compliance would not result in nullification of theact – One such exception is, if a certain requirement or condition isprovided in a statute for the benefit or interest of a particular person,the same can be waived by him if no public interest is involved – Inthe present case, respondent no. 6 who was a beneficiary attendedthe meeting wherein voting had taken place and no public interestwas affected – Further, the BDO presided over the meeting andeveryone including respondent no.6 knew that the meeting was calledfor passing a resolution either in favour of or against the NoConfidence Motion – After losing in the voting process, theprocedure of calling the meeting was assailed – Having participated,respondent no. 6 waived the condition precedent – Resolutionpassed against respondent no. 6 valid – Waiver. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2018 INSC 901 |
Petitioner | Padmini Singha |
Respondent | The State Of Assam & Others |
SCR | [2018] 12 S.C.R. 235 |
Judgement Date | 2018-09-27 |
Case Number | 4677 |
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