Manojit Bhuyan, J.

Heard Mr. M. Choudhury, learned senior counsel for the appellant and Mr. R. Dhar, learned Additional Senior Government Advocate for respondent nos. 1 to 4. Also heard Mr. B. Sinha, learned counsel for respondent nos. 7 to 14.

2. This intra-court appeal in presented against the Order dated 14.07.2017 passed in WP(C) 752/2017.

3. The appellant/writ petitioner, who was the President of Chiporsangan Gaon Panchayat, district Hailakandi, was made to face proceeding under Section 15 of the Assam Panchayat Act, 1994 when a requisition was submitted by 8 members of the Gaon Panchayat expressing want of confidence in him. By the said requisition, the Secretary of the Gaon Panchayat was requested to hold a special meeting in that regard. On receipt of the said requisition dated 27.12.2016, the same was placed before the appellant by the Secretary on 29.12.2016 seeking approval for convening the meeting. As no meeting could be convened within the prescribed period of fifteen days, the Secretary referred the matter to the President of the concerned Anchalik Panchayat vide letter dated 19.01.2017. The motion of no-confidence brought against the appellant was discussed in the meeting of 27.01.2017, held under the aegis of the Anchalik Panchayat, and the Motion was passed on the basis of secret ballots. Although by virtue of Section 15(1) of the Assam Panchayat Act, 1994, the appellant stood to have vacated his office forthwith when the resolution expressing want of confidence in him was passed, however, he continued in office on the strength of the interim Order dated 10.02.2017 passed in the related writ petition.

4. Before the writ court the appellant contended that the action of the Secretary of the Gaon Panchayat in referring the matter to the President of the concerned Anchalik Panchayat on 19.01.2017 was in utter violation of the provisions under Section 15(1) of the Assam Panchayat Act, 1994. As such, the resolution of 27.01.2017 ousting the appellant was illegal and the entire proceeding stood vitiated. The same argument is advanced before this Court. The basis of the argument is that notwithstanding the fact that the Secretary of the Gaon Panchayat had put up the requisition in the Office File on 29.12.2016 for seeking approval of the appellant, however, the appellant had seen the requisition notice only on 04.01.2017, on which date he made an endorsement on the note as “Seen & Secretary is wait on the time 2.30 PM”. Therefore, the fifteen days time as provided under Section 15(1), if reckoned from 04.01.2017, the said period would expire only on 20.01.2017. The Secretary of the Gaon Panchayat having referred the matter to the Anchalik Panchayat on 19.01.2017, that is, prior to expiry of the statutory period, all consequential actions including the resolution dated 27.01.2017 stood vitiated.

5. On the above premises, the only issue that arose for determination before the learned Single Judge and now before this Court is whether the period of fifteen days as prescribed under Section 15(1) of the Assam Panchayat Act, 1994, within which the special meeting is to be held at the Gaon Panchayat level, would run from 29.12.2016 when the Secretary had put up the requisition notice in the Office File or from 04.01.2017 when the same was purported to have been seen by the appellant.

6. An answer to the above can be had from the provisions under Section 15(1) of the Assam Panchayat Act, 1994 itself, wherein it is prescribed that in case a meeting is not convened within a period of fifteen days from the date of receipt of notice, the Secretary of the Gaon Panchayat shall within three days, refer the matter to the President of the concerned Anchalik Panchayat. In the instant case the requisition notice was received on 29.12.2016. Having regard to the clear prescription of law, the fifteen day period has to be computed from the date of receipt of notice, which in the instant case is 29.12.2016 and not 04.01.2017. In