The main legal point established in the judgment is the mandatory nature of the time limits and procedural requirements outlined in Section 15 of the Assam Panchayat Act, 1964, for initiating a no confidence motion against the President or Vice-President of a Gaon Panchayat.

Amitava Roy, J.

1. The controversy arises out of the process for no confidence motion initiated against the President of Anipur Gaon Panchayat (for short 'Panchayat'). The writ petition No. W.P.(C) No. 1795/2004 and W.P.(C) No 2307/2004 were filed by the President, Anipur Gaon Panchayat and the members of the Anipur Gaon Panchayat who initiated the move being aggrieved by the interference made by the Chief Executive Officer, Karimganj Zilla Parishad (for short 'Zilla Parishad) have filed W.P.(C) No. 3085/2004. This Court by order dated, 30.3.2004 has stayed the process which is sought to be vacated by an application registered as MC No 1800/2004. As the issues are common, the Petitioners were heard together and are being disposed of by this common judgment.

2. I have heard Mr G.K. Bhattacharjee, Senior Advocate assisted by Mr. M.H.R. Bhuiyan, Advocate for the Petitioner in W.P.(C) Nos. 1795/2004 and 2307/2004 and Dr. B. Ahmed, Advocate for the Petitioner in W.P.(C) No 3085/2004. Mr. K.C. Mahanta, GA, Assam, for the official Respondents was heard.

3. The facts lying in a short compass are that on 25.2.2004 the Respondent members of the Panchayat submitted a requisition with its Secretary requesting him to convene a meeting for moving a no confidence motion against the President, Ms. Aleya Khatun. As she Med to convene the meeting as requested, the Secretary of the Panchayat referred the matter to the Incharge President of Dullarveherra Anchalik Panchayat (hereinafter referred to as the "Anchalik Panchayat") on 11.3.2004. On the instructions of the said authority, the incharge Executive Officer and the Ex-officio Secretary of the Anchalik Panchayat issued notice on 19.3.2004 fixing the meeting on 26.3.2004.

4. In the meantime, the President being aggrieved by the initiation of the process as aforementioned approached this Court with W.P.(C) No. 1795/2004 for interdicting with the same. This Court while issuing notice refused to grant interim relief with the observation that the apprehension of the Petitioner that the Respondents may remove her was prima facie unfounded.

5. Thereafter, the President of the Panchayat presumably moved the President of the Zilla Parishad for his intervention by WT Message dated 22.3.2004 instructed the Executive Officer of the Anchalik Panchayat to defer the date of holding of the meeting. However, by notice dated 26.3.2004 impugned in W.P.(C) No 2307/2004 the meeting was rescheduled on 1.4.2004. This factual background along with the calendar of dates is not in dispute. As referred to above, this Court by order dated 30.3.2004 being prima facie satisfied that the process was being taken in breach of the mandatory requirements of Section 15 of the Assam Panchayat Act, 1964, had stayed the operation of the notice dated 26.3.2004.

6. Meanwhile, the members of the Panchayat backing the no confidence motion being aggrieved by the intervention of the Chief Executive Officer, Zilla Parishad, approached this Court with W.P.(C) No. 3085/2004 contending inter aha that such interference was not only uncalled for but also without any authority of law. On the apprehension being expressed that the President of the Panchayat was likely to siphon off the Rural Development funds at her disposal, this Court on 14.5.2004 directed that status quo as regards the said funds at the disposal of the Panchayat be maintained. The state of affairs as indicated hereinabove continues to as on date.

7. Mr. Bhattacharjee has strongly contended that a bare perusal of the records containing the relevant dates relatable to the impugned process would reveal that there has been a breach of the time limit prescribed by Section 15 of the Act and, therefore, on that ground alone the said process is liable to be adjudged illegal, null and void. According to him, the matter was referred to the Anchalik Panchayat before the expiry of 15 days from the date of receipt of the requisition notice and further, the meeting convened on 26.3.2004 w