JUDGMENT :

The writ petition under Article 226 of the Constitution of India has been instituted by the petitioner assailing the proceedings, initiated by a requisition notice submitted by 9 [nine] nos. of Ward Members of Anipur Gaon Panchayat on 26.09.2022, in its entirety, which proceedings had ultimately culminated in a special meeting, held on 17.10.2022, in the office of the Dullavcherra Anchalik Panchayat, with the passing of a motion of no confidence against the petitioner. In the special meeting held on 17.10.2022, the alleged motion of no confidence initiated against the petitioner for the purpose of removing him from the post of President of Anipur Gaon Panchayat was stated to have been passed with two-third majority since 9 [nine] nos. of Ward Members of Anipur Gaon Panchayat voted against the petitioner by the process of secret ballots. The petitioner has also laid challenge to a letter dated 17.10.2022 of the respondent no. 5 and the order dated 21.10.2022 of the respondent no. 3, issued subsequent to the special meeting, held on 17.10.2022, on the strength of the resolution passed therein.

2. The background facts which have to led the petitioner to institute the instant writ petition can be, briefly, exposited as follows :-

2.1. In the General Panchayat Election held in the year 2018, the petitioner submitted his nomination for the post of President of Anipur Gaon Panchayat. In the General Panchayat Election so held, the petitioner got elected to the post of President, Anipur Gaon Panchayat [hereinafter also referred to as ‘the Gaon Panchayat’, at places] as per the provisions of Section 6[1][b] of the Assam Panchayat Act, 1994. In the said General Panchayat Election, the respondent nos. 8 – 16 also got themselves elected as Ward Members of Anipur Gaon Panchayat. Apart from the directly elected President, Anipur Gaon Panchayat is consisted of 10 [ten] nos. of Ward Members. After the election, the respondent no. 12 got elected as the Vice-President of the Gaon Panchayat in terms of provisions of Section 6[3] of the Assam Panchayat Act, 1994. On 26.09.2022, 9 [nine] nos. of Ward Members of the Gaon Panchayat submitted a requisition notice, addressed to the Secretary of the Gaon Panchayat i.e. the respondent no. 7, expressing want of confidence in the President of the Gaon Panchayat i.e. the petitioner and sought for convening of a special meeting to discuss the motion of no confidence.

2.2. The contesting parties are not in disagreement on the point that the requisition notice was submitted under the seals and signatures of 9 [nine] nos. of Ward Members i.e. the respondent nos. 8 – 16, as requisitionists and the requisition notice was received at 03-15 p.m. by the respondent no. 7 under his seal and signature on 26.09.2022 at the office of the Karimganj Zilla Parishad. The contestation between the parties started after receipt of the said requisition notice by the respondent no. 7 on 26.09.2022 at the office of the Karimganj Zilla Parishad. While it is the claim of the petitioner that the respondent no. 7 had never brought the requisition notice before him by adhering to the prescribed procedure, the stance that has been taken by the respondent nos. 8 – 16 is that the requisition notice was brought to the knowledge of the petitioner in accordance with the procedure. The dispute in relation to the same would be dilated in the later part of this order.

2.3. It has emerged from the notice issued by the President, Dullavcherra Anchalik Panchayat on 13.10.2022, addressed to the petitioner, that the respondent no. 7 had addressed a Communication to the President, Dullavcherra Anchalik Panchayat on 12.10.2022 stating inter alia that the petitioner as the President of Anipur Gaon Panchayat did not accord approval for a special meeting to discuss the motion of no confidence, sought for by 9 [nine] nos. of Ward Members of Anipur Gaon Panchayat including the Vice-President of the Gaon Panchayat [the respondent no. 12]. With referen