JUDGMENT AND ORDER :

1. Heard Mr. M.H. Laskar, learned counsel appearing for the writ petitioner. Also heard Mr. G. Uddin, learned counsel, representing the private respondent Nos.7 to 14. Mr. S. P. Choudhury, learned Government Advocate, Assam, appears on behalf of respondent Nos.1, 2 and 3. None appears for respondent Nos.4, 5 and 6.

2. In this writ petition, a challenge has been made to the resolution adopted in the meeting dated 28.01.2015 whereby, the motion of no-confidence was passed against the petitioner removing her from the post of President of 4 No. Gandhi Nagar Gaon Panchayat under Ramkrishna Nagar Anchalik Panchayat in the district of Karimganj.

3. For the purpose of proper appreciation of the contentious issues involved in this proceeding, a brief recital of the factual background of the case is deemed necessary. The writ petitioner was earlier elected as the President of the 4 No. Gandhi Nagar Gaon Panchayat. On 29.12.2014, 8 (eight) members of the said Gaon Panchayat had submitted a requisition before the Secretary of the Gaon Panchayat with a request to convene a special meeting for discussing the no confidence motion proposed against the petitioner. According to the Secretary of the G.P, the requisition was brought to the notice of the writ petitioner on 31.12.2014 by putting up a note in the file but the file was returned by the writ petitioner without any remark. As such, the Secretary of the Gaon Panchayat had referred the matter to the President of the concerned Anchalik Panchayat on 12.01.2015.

4. On 19.01.2015 the Executive Officer of the Ramkrishna Nagar Anchalik Panchayat had circulated a notice informing the members of the Gaon Panchayat that a meeting has been convened on 28.01.2015 at 1.00 p.m. in the conference hall of the Ramkrishna Nagar Anchalik Panchayat for discussing the no confidence motion brought against the President of the Gaon Panchayat i.e. the writ petitioner here-in. In the meeting held on 28.01.2015, the no confidence motion was passed on the basis of secret ballot. Consequently, the writ petitioner stood removed from the post of President of the 4 No. Gandhi Nagar Gaon Panchayat. Hence this writ petition.

5. It is the specifically pleaded case of petitioner that the Secretary of the Gaon Panchayat had never brought the requisition dated 29.12.2014 to her notice. According to the writ petitioner, she had come to know about the requisition submitted by the eight members only on 26.01.2015 upon receipt of the notice dated 19.01.2015 issued by the Secretary of the Anchalik Panchayat.

6. Mr. Laskar, learned counsel for the petitioner, has assailed the impugned resolution, primarily, on two grounds. Firstly, that the requisition for convening the meeting to discuss the no confidence motion not having been brought to the notice of the President seeking her approval in the matter, the meeting convened by the Secretary of the Anchalik Panchayat was bad in law inasmuch the reference made to the Anchalaik Panchyata by the Secretary was in clear contravention of the mandatory provisions contained in section 15 of the Act of 1994. The learned counsel submits that even assuming that the note, as claimed by the Secretary, was put up before the petitioner on 31.12.2014, yet, in view of the judgment and decision of the Division Bench rendered in the case of Ali Ahmed Mazumdar vs. State of Assam and others, reported in 2011 (3) GLT 396, the law is settled that the period of 15 days, as contemplated by Section 15(1) of the Act of 1994, can be counted only from the date of bringing the notice to the personal knowledge of the President formally through office note and not otherwise. In the present case, submits Mr Lashkar, the matter was referred to the Anchalik Panchayat on 12.01.2015. Therefore, the 15 days period, as contemplated by Section 15(1) of the Act of 1994 was not complied with resulting into the entire process being vitiated in the eye of law. In support of his aforesaid argument, Mr. Laskar h

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