No confidence motion passed against Panchayat Upa-Pradhan, without convening meeting to that effect or issuing notice to Panchayat members, shall be vitiated

Upa-Pradhan can be removed from his office by a resolution passed by Panchayat, carried by a majority of existing members at a meeting specially convened for such purpose.

If any valid resolution of removal, popularly referred to as no confidence motion, were to be passed against the petitioners by the Panchayat, at least two things are imperative. First, a request for convening such a meeting by at least one third of the members of the Panchayat and second, a clear 15 days of notice to all members before the meeting is convened.

In the present case, Upa-Pradhan of Panchayat challenged his removal by the District Panchayat Officer. As observed by the Court, there was no complaint against the upa-pradhans of their continued absence from the meetings of the Panchayat which could lead to an action of removal. Panchayat Officer. have not produced any request for convening the meeting by the required number of members of the Panchayat. Panchayat Officer was also not able to seriously refute that the notice of meeting which was convened on 5 December, 2019 was served on the members of the Panchayat only on 27 November, 2019. Thus, there was clear breach of the requirement of service of notice at least 15 clear days before the date of a meeting. Removal of Upa-pradhan was held to be illegal.

Appearing Counsel/s : Mr. A Nandi, Mr. S Dey, Mr. Debalaya Bhattacharjee, Mr. Rajib Saha

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