WP(C) 1018/2008 BEFORE HON’BLE MR. JUSTICE TNK SINGH Heard Mr. A.M. Mazumdar, learned senior counsel assisted by Mr. B. Rahman, learn ed counsel appearing for the petitioner as well as Ms. BL Sinha, learne dState c ounsel appearing for the respondents. Taking into consideration of the grievances made out by the petitioner in the pr esent writ petition as well as the reliefs sought for, this court is of the cons idered view that this writ petition could be disposed of at the motion stage. A ccordingly this writ petition is taken up for final disposal at the motion stage itself. A short fact is required to be noted for deciding the present writ petition. The petitioner is a duly elected member of the Anchalik Panchayat from 67 Shampur G aon Panchayat. Composition of Anchalik Panchayat is morefully described in Secti on 32 of the Assam Panchayat Act, 1994 and Section 31 of the said Act speaks ab out the establishment of Anchalik Panchayat area of Anchalik Panchayat. For easy reference Section 31 and 32 of the Assam Panchayat Act, 1994 are quoted hereund er :- Sec. 31. Establishment of Anchalik Panchayat Area of Anchalik Panchayat - (1) Fo r each Development Block there shall be an Anchalik Panchayat having jurisdiction, save as otherwise provided i n this Act, over the entire Development Block jurisdiction excluding such portio n of the Block as are included in a Town Committee and as are included in a Muni cipality/ or under the authority of Municipal Corporation, a Sanitary Board or C antonment area or a notified area constituted under any law for the time being i n force : Provided that a Block may comprise of such villages as are not contiguous or hav e no common boundaries and are separated by an area to which this Act, does not extend or in which the remaining sections of this Act, have not come into force. (2) Every Anchalik Panchayat shall be a body corporate by the name of Anchalik P anchayat and shall have perpetual succession and a common seat and subject to su ch restrictions as are imposed by or under this or any other enactment, shall be vested with the capacity of sueing or being sued in its corporate name, or acqu iring, holding and transferring property, movable or immovable whether without or within the limits of the area over which it has authority, of entering into c ontracts or doing all things, necessary, proper and expedient for the purpose fo r which it is constituted. 32. Constitution of Anchalik Panchayat,- (1) Every Anchalik Panchayat shall cons ist of- (a) One member from each Gaon Panchayat to be directly elected from the terr itorial constituencies of the Gaon Panchayat under the jurisdiction of the Anchalik Panc hayat; (b) The President of the Gaon Panchayat falling within the jurisdiction of t he Anchalik Panchayat; (c) The member of the House of People and the Members of the Legislative Ass embly of the State representing constituencies which comprise wholly or partly, the Anchalik Panchayat. On conjoint reading of Section 31 and 32 of the Assam Panchayat Act, 1994, it is crystal clear that the composition of the Anchalik Panchayat shall consist of ( a) one member from each Gaon Panchayat to be directly elected from the territori al constituencies of the Gaon Panchayat under the jurisdiction of the Anchalik panchayat; (b) the President of the Gaon Panchayat falling within the jurisdicti on of the Anchalik Panchayat; (c) the members of the House of People and the Mem bers of the Legislative Assembly of the State representing constituencies which comprise wholly or partly , the Anchalik Panchayat. Therefore the composition of the Anchalik Panchayat should be in strict compliance of Section 32 of the Assa m Anchalik Panchayat Act, 1994. Mr. A.M. Mazumdar, learned Senior Counsel appearing for the petitioner submits that there is reasonable apprehension on the part of the petitioner that the con cerned authorityi.e. the Deputy Commissioner, Darrang is not taking steps for co mposition of the Dalgaon Sialmari Anchalik Panchayat in compliance of Section 3 2 of the Assam Panchayat Act, 1994 inasmuch as he is making an endeavour to constitute Dalgaon Sialmari Anchalik Pa nchayat only with the elected members. Having regard to the facts and circumstances discussed above, the Deputy Commiss ioner, Darrang is directed to constitute the Dalgaon Sialmari Anchalik Panchayat in strict compliance of the provisions of Section 32 of the Assam Panchayat Ac t, 1994. The writ petition is allowed accordingly.