WP(C) 5098/2008 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI Heard Mr. S. Chakraborty, learned counsel for the petitioner, Mr. BJ Tal ukdar, learned Government Advocate, Assam and Mr. S.K. Talukdar, learned counsel appearing for the Respondent No.4. The petitioner who is the elected President of Cheragi Gaon Panchayat, K arimganj District seeks to challenge an order dated 4.9.2008 (Annexure-3) by whi ch the petitioner has been posted as the Secretary of the aforesaid Gaon Panchay at. According to the petitioner, after the order dated 4.9.2008 was passed, the Respondent No.4 did not report to him, though required under Section 13 of the A ssam Panchayat Act, 1994. Furthermore, according to the petitioner, Respondent N o.4 has indulged in unlawful conduct by breaking the lock of his office room wit hout authority and, thereafter, putting a new lock in the said room. The petitio ner had filed representations before the Director, Panchayat & Rural Development in respect of the aforesaid alleged illegal activities on the part of the Respo ndent No.4 which, however, was not being responded to. In these circumstances, c ontending that the impugned order dated 4.9.2008 is highly illegal and arbitrary , this writ petition has been filed. If the Respondent No.4 has been posted as the Secretary of the Gaon Panc hayat by the Chief Executive Officer, Karimganj Zila Parishad, by order dated 4t h September, 2008 and there is no challenge to the legal competence of the said authority to post the Respondent No.4 in the said Gaon Panchayat, it is difficul t to see as to how the order dated 4th September, 2008 can be understood to be c ontrary to law. The petitioner has not unfolded the precise grounds on which he contends the said order dated 4.9.2008 to be contrary to law either in the plead ings or in the oral arguments advanced at the hearing. In-fact the only argument is that the Respondent No.4 had not reported to the petitioner after being post ed in the Gaon Panchayat and had indulged in unlawful conduct by breaking the lo ck of his office. The aforesaid allegations contained in the writ petition have been denie d by Shri SK Talukdar, learned counsel for the Respondent No.4. However, the Cou rt does not consider it necessary to go into the allegations and counter allegat ions which have been placed before the Court at the hearing. So long the order d ated 4.9.2008 posting the Respondent No.4 as the Secretary of the Cheragi Gaon P anchayat is holding the field, the said respondent No.4 is entitled to work in t he said post. However, the Respondent No.4 must submit himself to the jurisdicti on of the elected President of the Gaon Panchayat to the extent that is contempl ated under the provisions of the Act and in the discharge of his official duties , the Respondent No.4 must also abstain from any unlawful conduct or action. In the aforesaid circumstances, I am of the view that instead of formall y admitting this writ petition for hearing, it would be appropriate to dispose o f the same by requiring the Respondent No.4 to report to the petitioner, who is the elected President of the Cheragi Gaon Panchayat and, thereafter, to receive such orders from the petitioner with regard to discharge of official duties by h im, as may be contemplated by the provisions of the Act. The Respondent No.4 wil l report to the petitioner i.e. the Chairman of Cheragi Gaon Panchayat within se ven days from today. This will dispose of the writ petition.