1. Heard Mr. K.N. Choudhury, the learned Senior counsel for the writ petitioner as well as Ms. D.D. Barman, the learned Additional Senior Government Advocate for the respondent Nos.1 to 6. Also heard Mr. M. Choudhury, the learned counsel for the respondent Nos.7 to 14.

2. The petitioner earlier approached this Court by filling W.P.(C) No. 6607 of 2015 with the grievance that the requisition letter dated 9.9.2015 for seeking a vote of no-confidence against him as the President of Jalorchar Nayagaon Gaon Panchayat (the Gaon Panchayat for short) was not brought to his notice as required under Section 15 of the Assam Panchayat Act, 1994 (the Panchayat Act for short).

3. The writ petition was disposed of on 4.11.2015 as agreed to by the rival parties with a liberty to the requisitionists to take steps by way of making a fresh requisition in strict accordance with the provisions of the Panchayat Act.

4. By the present writ petition, the petitioner projects that pursuant to the disposal of the earlier writ petition, eight members of the Goan Panchayat submitted an application to the Secretary of the Gaon Panchayat on 1.12.2015 for holding a special meeting to move a no-confidence motion against him. Thereafter, on 3.12.2015, the Secretary of the Gaon Panchayat wrote to him stating that on 1.12.2015, the Vice President and seven other members of the Panchayat submitted a requisition for holding a special meeting to move a no-confidence motion against him in the office of Mancachar Anchalik Panchayat and for which his permission and approval was being sought. The petitioner however did not receive the communcaiton dated 3.12.2015 or the communication dated 1.12.2015 and he came to learn about the same on 31.12.2015 from a person working in the office of the Sub-Divisional Officer(Civil), South Salmara, Mancachar Sub Division, Hatisingimari. He then submitted his representation to the Sub-Divisonal Officer(Civil) requesting him to stay the scheduled meeting for deliberating the no-confidence motion against him.

5. However, the meeting was held as scheduled on 2.1.2016 wherein eight members of the Gaon Panchayat voted in favour of the no-confidence motion. In consequence thereof, the petitioner has been ousted from the post of the President of the Gaon Panchayat and that is how he is again before this Court through the instant writ petition.

6. Appearing for the writ petitioner, the learned Senior counsel Mr. K.N. Choudhury submits that by the aforesaid action, the respondents concerned have clearly flouted the provision of the Panchayat Act, more particularly, Section 15(1) of the Panchayat Act. He submits that when the first requisition for no-confidence motion was made on 1.12.2015 by the requisitionists, another requisition could not have made before the Anchalik Panchayat before the expiry of the mandatory 15 days from the date of the notice. The Secretary of the Gaon Panchayat as per the relevant provision can only refer the matter to the Anchalik Panchayat if such special meeting to consider a no-confidence motion is not convened within the stipulated period of 15 days from the date of receipt of the notice. He submits that in fact this Court while disposing of the earlier writ petition filed by the petitioner had observed in clear terms that fresh requisition seeking the vote of no-confidence would be made in strict compliance with the provision of the Panchayat Act. Therefore, the meeting minutes dated 2.1.2016 by which he has been voted out of his post is unsustainable.

7. The learned Senior counsel further submits that notice of no-confidence motion received by the Gaon Panchahyat Secretary on behalf of the President cannot be construed as a notice to the President and the period of 15 days as contemplated by Section15(1) of the Panchayat Act has to be counted only from the date of bringing the notice to the personal knowledge of the President formally and not otherwise. That it is only when the President has f