Point of Law: Section 15(1) of Panchayat Act categorically mandates that there should be service of notice of no confidence motion upon President by Secretary thereby giving him 15 clear days.

JUDGMENT & ORDER :

Heard Mr. S.B.Laskar, the learned counsel appearing on behalf of the petitioner and Mr. D.Das, the learned senior counsel assisted by Mr. P.K.Deka, the learned counsel appearing on behalf of the respondent Nos.7 to 15. I have also heard Mr. S. Dutta, the learned standing counsel for the Panchayat and Rural Development Department, who appears on behalf of the respondent Nos. 1 3, 4 and 6 and Mr. N. Goswami, the learned counsel appearing for the respondent No. 2.

2. Taking into account the order which this Court proposes to pass, the presence of the respondent No. 5 is not considered necessary for the purpose of disposal of the instant writ petition.

3. The case of the petitioner herein is that the petitioner was elected as the President of North Narayanpur Gaon Panchyat under Algapur Anchalik Panchayat of Hailakandi Zilla Parishad in the district of Hailakandi. It has been mentioned in the petition that on 02/06/2022 nine members of the Gaon Panchayat had submitted a letter to the Secretary of the Gaon Panchayat with a request to convene a meeting for no confidence motion against the petitioner. The Secretary of the Gaon Panchayat of the North Narayanpur Gaon Panchayat brought the letter dated 02/06/2022 into the petitioner’ s knowledge on 14/6/2022. The petitioner accordingly had put his comments on the file note to wait so that he could discuss the matter and take necessary steps according to the Assam Panchayat Act, 1994(for short the Panchayat Act ). However, the Secretary of the Gaon Panchayat vide letter dated 16/06/2022 referred the matter of no confidence motion to the President of Algapur Anchalik Panchayat. Pursuant thereto, the Algapur Anchalik Panchayat had issued a notice by convening a meeting for no confidence motion against the petitioner on 22/06/2022. Challenging the said action a Wirt Petition i.e. W.P.(C) No. 4178/2022 was filed. In the meantime, the meeting as convened by the Anchalik Panchayat got postponed due to emergent flood situation.

4. This Court vide an order dated 24/06/2022 had closed the Writ Petition with an observation that nothing survives for adjudication in the writ petition. It was however made clear by this Court vide the said order dated 24/06/2022 that if and when a deferred meeting is proposed to be held for discussing the no confidence motion brought against the petitioner, the same shall be done in strict adherence to the mandate of Section 15(1) as well as the other related provisions of the Panchayat Act. Subsequent thereto on 05/07/2022, the petitioner submitted a representation before the Deputy Commissioner, Hailakandi by raising his grievances in connection to the illegalities in convening the meeting of no confidence motion against the petitioner.

5. While the said representation was pending, a group of members of the North Naranyanpur Gaon Panchayat approached this Court by filing a Writ Petition which was registered and numbered as W.P.(C) No. 5080/2022 with the grievances of not convening the meeting for no confidence motion against the petitioner as per the Panchayat Act. When the said Writ Petition was listed for motion on 12/09/2022, the learned Government Advocate, Assam appearing for the Deputy Commissioner, Hailakandi had produced the copy of the written instruction dated 03/09/2022 and submitted that necessary steps for convening a special meeting was underway. Accordingly, this Court vide the order dated 12/09/2022 posted the writ petition to be listed for motion again after two weeks so as to enable the learned departmental counsel to obtain updated instructions.

6. Subsequent thereto the Deputy Commissioner, Hailakandi vide the notice dated 23/09/2022 convened a special meeting in connection with the no confidence motion against the petitioner on 29/09/2022. The said notice dated 23/09/2022 was challenged in W.P.(C) No. 6515/2022 by the petitioner. This Court vide an order dated 28/09/2022 disposed of the said writ petition by allowing the petitioner