WP(C) 5975/2010 BEFORE THE HON’BLE MR JUSTICE IA ANSARI Heard Mr. PD Nair, learned counsel for the petitioner, and Mr. G Soren, learned Government Advocate, appearing on behalf of the respondent Nos. 1 to 5. Heard also Mr. NNB Choudhury, learned counsel for the respondent Nos. 6 to 19. This writ petition arises out of a notice, which has been issued, on 02- 11-2010, passed by the respondent No. 4, namely, Chief Executive Officer, Dhemaj i Zilla Parishad, Dhemaji, whereby he has convened an emergency meeting, on 12-1 1-2010, for consideration of No Confidence Motion against the petitioner, who is the President of Murkong Selak Anchalik Panchayat. There is no dispute before this Court that in terms of the provisions of Section 43 of the Assam Panchayat Act, 1994, a requisition is required to be given by t he requisite members of an Anchalik Panchayat to the President of the Panchayat if his removal is sought for on the ground that he has lost confidence of the me mbers of the Executive Committee of the said Society. In the case at hand, as the materials on record reveal and what could not be dis puted, on behalf of the respondents, is that no notice, in terms of the provisio ns of Section 43 of the Assam Panchayat Act, 1994, has been given to the Preside nt. It is, in this regard, necessary to point out that the requirement of the pr ovisions, embodied under Section 43, do not oblige the members, who seek to conv ene a meeting of no confidence against the President, to serve, personally, a re quisition for such a meeting on the President himself. It, therefore, remains op en for the members to give notice to the Chief Executive Officer of the Anchalik Panchayat concerned and if such a notice is received by him, it becomes the dut y of the Chief Executive Officer to place the requisition before the President, whose removal is sought for. If the President does not convene the meeting, as t he members require, it is, again, the Chief Executive Officer, who has to inform the matter to the President of the Zilla Parishad concerned and it would, then, for the President of the Zilla Parishad to pass an order convening the meeting and such a meeting can, on the direction of the Zilla Parishad, has to be conven ed by the Chief Executive Officer of the Zilla Parishad. This would not, however , debar the President from directly issuing the notice if he so chooses. Considering the fact that in the case at hand, requisite notice has not yet been given by the respondent Nos. 6 to 19 to the present petitioner, who is the Pres ident of the Anchalik Panchayat, nor any notice, addressed to the petitioner, is shown to have been served on the Executive Officer of the said Anchalik Panchay at, the impugned notice, dated 02-11-2010, is presently beyond the powers of the Executive Officer of the said Zilla Parishad. The impugned notice, dated 02-11- 2010, is, therefore, set aside and quashed. The respondent Nos. 6 to 9 are, howe ver, left at liberty to give notice, if they so wish, to the petitioner or they may hand over the notice to the Executive Officer of the said Anchalik Panchayat if the respondent Nos. 6 to 19 seek convening of a Special meeting for discussi ng the motion of no confidence; but the notice has to be addressed to the Presid ent, i.e., the petitioner. With the above observations and directions, this writ petition shall stand dispo sed of.