JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Ms. S.B. Choudhury, learned counsel for the petitioner and Mr. N.K. Dev Nath, learned counsel for the respondents No. 1 to 4, being the authorities under the P&RD of the Government of Assam. Also heard Mr. H. Sarma, learned Addl. Senior Government Advocate for the respondents No. 5 and 10, respectively being the Deputy Commissioner, Barpeta and the Block Development Officer, Bhawanipur Development Block and Mr. M. Sarania, learned counsel for the private respondents No. 6 to 9 being the members of the No. 9 Pub Paka Gaon Panchayat.

2. The petitioner is the President of No. 9 Pub Paka Gaon Panchayat under the Bhawanipur Anchalik Panchayat. Eight members of the said Gaon Panchayat made a requisition for a special meeting of No-Confidence on 24.01.2022 under Section 15(1) of the Assam Panchayat Act, 1994 (for short ‘the Act of 1994’). A stand is taken that subsequently two of the members out of the eight who had given requisition for the special meeting had withdrawn as per the letter dated 21.03.2022. Be that as it may, as the petitioner President did not approve the convening of the said special meeting for No-Confidence, the Secretary of the No. 9 Pub Paka Gaon Panchayat by his communication dated 08.02.2022 requested the President of the Barpeta Anchalik Panchayat to convene the meeting.

3. Accordingly, the President of Barpeta Anchalik Panchayat by the letter dated 09.02.2022 made to the President of No. 9 Pub Paka Gaon Panchayat and its Vice President and other members informed that the special meeting for No- Confidence had been fixed on 14.02.2022. By another communication dated 11.02.2022, the Executive Officer, Barpeta Anchalik Panchayat made to the Executive Officer, Bhawanipur Anchalik Panchayat informed that in the meantime, the No. 9 Pub Paka Gaon Panchayat had been transferred to be under the Bhawanipur Anchalik Panchayat and accordingly, requested that appropriate steps be taken for convening the special meeting for No-Confidence inasmuch as, the Barpeta Anchalik Panchayat would be unable to hold the meeting on 14.02.2022 as fixed earlier.

4. Because of the aforesaid circumstance as the special meeting for No- Confidence could not be held, the Secretary of No. 9 Pub Paka Gaon Panchayat by his communication dated 21.02.2022 informed the Deputy Commissioner, Bajali, of the requirement to hold the special meeting for No-Confidence. By another communication dated 24.02.2022, the Executive Officer, Bhawanipur Anchalik Panchayat also made a request to the Deputy Commissioner, Bajali, that as the special meeting for No-Confidence could not be held by the Barpeta Anchalik Panchayat on 14.02.2022 because of change of administrative jurisdiction of the Gaon Panchayat, therefore necessary action be taken. In response thereof, the Deputy Commissioner, Bajali by his order dated 22.04.2022 had convened and fixed the special meeting for No-Confidence on 28.04.2022. In the meeting held on 28.04.2022, a resolution was taken whereby the petitioner President was removed from office where seven members voted in favour of the removal and three in favour of the petitioner President. Being aggrieved the present writ petition is instituted.

5. One of the grounds urged upon by Ms. S.B. Choudhury, learned counsel for the petitioner is that under Section 15(1) of the Act of 1994, the Deputy Commissioner/ Sub-Divisional Officer (Civil) shall convene the meeting within seven days from the date of receipt of information from the Secretary of the Gaon Panchayat that the President of the Anchalik Panchayat had failed to convene the special meeting for No-Confidence. Accordingly, it is contended that the Secretary of the Gaon Panchayat had informed the Deputy Commissioner, Bajali about the inability of the President of the Anchalik Panchayat to convene the meeting by the communication dated 21.02.2022 which again was fortified by another communication dated 24.02.2022 from the Executive Officer, Bhawan