Heard Mr. P. D. Nair, along with Mr. D. Lazi, learned counsels for the Petitioner. Also heard Mr. R. H. Nabam, learned Addl. Advocate General, Arunachal Pradesh, assisted by Ms. Pubi Pangu, learned Govt. Advocate for the State Respondent Nos. 1 to 6 and Mr. Tony Pertin with Mr. P. Bui, Mr. K. Saxena & other learned counsels for the private Respondent Nos. 8 to 17.

2) The petitioner is one of the elected Zilla Parishad Member (ZPM, in short) out of 14 (fourteen) ZPMs of Lower Subansiri District of Arunachal Pradesh, elected through democratic process in April 2013 and on being elected he is serving as Chairperson of Zilla Parishad of Lower Subansiri District of Arunachal Pradesh.

3) A group of 10 (ten) ZPMs of Lower Subansiri District on 10-07-2015 served a written notice under Section 63 (1) of the Arunachal Pradesh Panchayat Raj Act 1997 on the Member Secretary of the said Zilla Parishad with the intention to move ‘No Confidence Motion’ against the petitioner i.e. the Chairperson of the Zilla Parishad of Lower Subansiri District on the ground of his incapability and loss of support from two third majority of present ZPMs and by the said notice, they requested the said the Member Secretary to call for a meeting of the ZPMs of Lower Subansiri Districts within a period of 7 (seven) days from the date of the said notice for discussion and to move such ‘No Confidence Motion’ against the petitioner.

4) The Member Secretary of Lower Subansiri Zilla Parishad himself issued a Notice of No-Confidence Motion under Memo No. ZRO/ZP-NCM/2015 dated 10-07-2015 and convened a Zilla Parishad meeting of Lower Subansiri District on 20th July 2015 at 11:00 AM in the Conference Hall, Hapoli to take up the ‘Motion of No confidence’ and by the same requested the ZPMs of the Lower Subansiri District to attend the meeting on the said date, time and venue positively.

5) The petitioner, the Chairperson of Lower Subansiri Zilla Parishad on 13.07.2015 wrote a letter to the Member Secretary of the said Zilla Parishad, respondent No. 7, requesting him to recall the said notification dated 10.07.2015 in the interest of Justice as the same being illegal and immature at that junction. The petitioner on 13.07.2015 also submitted a complaint against the respondent No. 7, the Member Secretary of the said Zilla Parishad before the Chief Secretary of the State in issuing the impugned Notice dated 10.07.2015 and the petitioner submitted that the same is yet to be considered.

6) On receipt of the same, the respondent No. 7, Member Secretary of Lower Subansiri Zilla Parishad vide letter under Memo No. ZRO/ZP-NCM/2015 dated 15.07.2015 informed the petitioner that there is no illegality or immaturity in serving the Notice for conduct of No-Confidence Motion against the Chairperson of Lower Subansiri Zilla Parishad, as 10 (ten) ZPMs of the said Zilla Parishad on 10.07.2015 submitted a petition to move No-Confidence Motion under Section 63 (1) of the Arunachal Pradesh Panchayat Raj Act 1997 and there is no provision under the said Act to recall the same.

7) Being aggrieved with said the said action of the respondent No. 7, Member Secretary of Lower Subansiri Zilla Parishad in issuing the impugned Notice dated 10.07.2015, the petitioner has preferred this petition.

8) Mr. P. D. Nair, learned counsel for the petitioner submitted that the Member Secretary of the said Zilla Parishad issued the impugned notice in question dated 10.07.2015 convening the meeting unilaterally in his capacity as Member Secretary of the Zilla Parishad, without any authority in law and in violation of the provisions of Section 96 of the Arunachal Pradesh Panchayat Raj Act, 1997 (1997 Act, in short) without placing the same before the Chairperson of the Zilla Parishad for convening the meeting, usurping the power and authority of the petitioner as Chairperson.

9) Mr. Nair urged that the action on the part of the Member Secretary of the said Zilla Parishad in issuing the impugned Notice dated