JUDGMENT :

1. The instant writ petition has been filed by the Petitioner challenging the No-Confidence Resolution dated 26.06.2023, whereby in the special meeting which was convened a resolution of no-confidence was passed against the Petitioner. It reveals from the record that this Court vide an order dated 28.07.2023 had issued Notice and in the interim had stayed the Resolution dated 26.06.2023 held in the special meeting of 14 Nos. Rangirghat Gaon Panchayat as well as also the communication dated 26.06.2023 issued by the Executive Officer, Sonai Anchalik Panchayat to the Deputy Commissioner, Cachar till the next date. The said interim order so passed on 28.07.2023 was directed to be continued vide an order dated 28.08.2023 and the same is in operation. This Court further finds it relevant to take note of that the private Respondents i.e. Respondent Nos.9 to 17 have also filed an application seeking vacation of the order dated 28.07.2023.

2. Mr. K.P. Pathak, learned counsel appearing on behalf of the private Respondents submits that the contents of the said interlocutory application be treated as the affidavit-in-opposition of the private Respondents. In the backdrop of the above, let this Court therefore take into consideration the brief facts as well as the issues involved herein.

3. The case of the Petitioner as could be seen from a perusal of the writ petition is that the Petitioner was elected as the President of the Rangirghat Gaon Panchayat (for short referred to as “the Gaon Panchayat in question”). It was mentioned in the writ petition that 6 (six) numbers of members of the Gaon Panchayat in question had submitted a requisition notice before the Executive Officer, Sonai Anchalik Panchayat and the Development Block on 09.06.2023 for convening a special meeting of No-Confidence Motion against the Petitioner. It is relevant to take note of that the said requisition notice dated 09.06.2023 has been enclosed to the writ petition as Annexure-1.

4. It is further relevant to mention that the President of the Sonai Anchalik Panchayat decided to convene a special meeting on 26.06.2023 at his office and as such a notice dated 21.06.2023 was issued to the concerned group members. It is the allegation made by the Petitioner that such notice was not served upon the Petitioner in advance. The Petitioner however came to know about the requisition notice dated 09.06.2023 from some other sources and the Petitioner submitted a representation dated 26.06.2023 to the Secretary of the Gaon Panchayat in question, whereby the Petitioner raised his concern as regards the violation of the mandate of Section 15 of the Assam Panchayat Act, 1994 (for short “the Act of 1994”). It further reveals from the records and more particularly Annexure-III which is the impugned minutes of the special meeting of the Gaon Panchayat in question held on 26.06.2023 that out of the 9 (nine) members present all the nine members voted in favour of the No-Confidence Motion against the Petitioner. Thereupon on the very day, the Executive Officer, Sonai Anchalik Panchayat issued a communication to the Deputy Commissioner, Cachar forwarding the resolution dated 26.06.2023 for necessary information and action.

5. It is on the basis of the above facts the Petitioner being aggrieved on account of the infraction of his rights under Section 15 of the Act of 1994 had approached this Court challenging the resolution dated 26.06.2023 as well as the communication dated 26.06.2023 issued by the Executive Officer, Sonai Anchalik Panchayat.

6. This Court further finds it relevant to take note of the application filed by the private Respondents which have been registered and numbered as I.A.(C) 2552/2023. As already noted supra, the learned counsel appearing on behalf of the private Respondents has requested this Court to treat the said application as the affidavit-in-opposition of the private Respondents and as such this Court deems it proper to deal with the pleadings contained ther