JUDGMENT :

The instant writ petition has been filed by the petitioners which includes the Vice-President of 14 No. Rangirghat Gaon Panchayat.

2. The grievances of the petitioners are to the effect that the concerned District Commissioner, Cachar is not following the mandate of Section 13 (2) (d) of the Assam Panchayat Act, 1994 (for short, ‘the Act of 1994’) which provides that if the President dies or is removed or resigns, the Vice-President shall exercise all the powers, perform all the functions and discharge all duties as the President till the Office of the President is filled up in the manner provided under Sub-Section (1) (b) of Section 6 of the Act of 1994.

3. For the purpose of deciding the said aspect, this Court finds it pertinent to take note of the relevant facts.

4. The petitioners herein were elected as members of 14 No. Rangirghat Gaon Panchayat (for short, ’the Gaon Panchayat in question’) on 09.12.2018. Pursuant to the said election, one Sri Sambhu Rabidas was elected as the President of the said Gaon Panchayat. The record further reveals that a notice for no confidence was issued on 09.06.2023 expressing no confidence upon the said Sri Sambhu Rabidas as the Pres