WP(C) 4737/2010 BEFORE HON’BLE MR JUSTICE B.P. KATAKEY The petitioners, who are the members of Kachori Gaon Panchayat under Jur ia Anchalik Panchayat in the district of Nagaon, by the present petition, are pr aying for a direction to the respondent authorities to convene the meeting of th e Gaon Panchayat to discuss the no confidence motion brought by them vide notice dated 18.5.2010, contending inter alia that though such notice expressing want of confidence against the President (No. 6) and Vice President was submitted to the Secretary of the Gaon Panchayat, respondent No. 5, no further steps have bee n taken by the Secretary to convene the meeting to discuss the no confidence mot ion. I have heard Mr. MH Choudhury, learned counsel for the petitioners, Mr. HRA Choudhury, learned senior counsel appearing for the respondent No. 6 and Mr. R.K. Bora, learned State counsel appearing for the respondent Nos. 1 to 4. None appears for the respondent No. 5. It has been submitted by Mr. MH Choudhury, learned counsel for the petit ioners that since the notice has been submitted by eight members of the Gaon Pan chayat expressing want of confidence on the President and the Vice President of the said Gaon Panchayat, the Secretary is required to take the required action u nder Section 15(5) of the Assam Panchayat Act, 1994, which has not been done til l date. Referring to the affidavits filed by the respondent Nos. 4 and 6 it has also been submitted by Mr. MH Choudhury that in the earlier complaint dated 19.4 .2010 since no notice expressing want of confidence against the President or the Vice President was submitted, the Anchalik Panchayat cannot take the stand that the notice expressing want of confidence given on 18.5.2010 requires no discuss ion since the allegation brought by the complaint dated 19.4.2010 could not be p roved by the complainant. Mr. Choudhury, therefore, submits that since the no co nfidence motion has been brought it has to be discussed in the meeting of the Ga on Panchayat as required under the provisions of the Act. Mr. HRA Choudhury, learned senior counsel appearing for the respondent N o. 6 placing reliance on the averments made in the affidavit-in-opposition filed has submitted that that the present petitioners levelled certain complaints aga inst the respondent No. 6 vide petition dated 19.4.2010, for which a meeting was called on 18.5.2010 wherein a detailed discussion was held and the allegations levelled against the respondent No. 6 was found to be not correct and hence no i llegality can be found for not taking any action by the Secretary of the Gaon pa nchayat on the notice dated 18.5.2010 expressing want of confidence on the Presi dent and Vice President of the Gaon Panchayat. Mr. RK Bora, learned State counsel appearing for the respondent No. 4 pl acing reliance on the averments made in the affidavit-in-opposition filed by the Secretary of the Anchalik Panchayat has supported the submission of the learned senior counsel appearing for the respondent No. 6. The learned counsel, however , has submitted that by the complaint dated 19.4.2010 no want of confidence was expressed by the petitioners either against the President or the Vice President of the Gaon Panchayat and the first notice expressing want of confidence was giv en on 18.5.2010. It is not in dispute that the present petitioners lodged the complaint o n 19.4.2010 leveling certain allegations against the President as well as the Vi ce President of the Gaon Panchayat in question and the same was not a notice exp ressing want of confidence either on the President or the Vice President. The no tice expressing want of confidence was first submitted on 18.5.2010 before the S ecretary of the Gaon Panchayat, receipt of which has not been denied by the resp ondents. Section 15 of the Act deals with the manner in which the no confidence m otion brought against the President and the Vice President is to be dealt with. In the present case by notice dated 18.5.2010 eight members of the Gaon Panchayat expressed want of confidence both on the President and the Vice Presid ent of the Gaon Panchayat. Sub Section 5 of Section 15 of the said Act requires the Secretary of th e Gaon Panchayat to report the matter to the President of the Anchalik Pachayat. The President of the Anchalik Panchayat thereafter, has to arrange to convene t he meeting within 15 days from the date of receipt of the intimation to consider the no confidence motion brought against the President first and to consider th e motion against the Vice President on the next day, who is also required to pre side over both the meetings. In the instant case, it is not in dispute that the notice expressing wan t of confidence on both the President and Vice President has been submitted by e ight members before the Secretary of the Gaon Panchayat, who has, thereafter, no t taken any further steps. In view of the above, the Secretary of the Gaon Panchayat, respondent No . 5 is directed to forward the said notice to the President of Juria Anchalik Pa nchayat immediately and in any case within a period of 10 (ten) days from today. The President of the Anchalik Panchayat shall convey the meeting to disc uss the no confidence motion as required under Sub Section 5 of Section 15 of th e Act and within the time frame allowed by law. The writ petition is accordingly allowed as indicated above. No cost.