MC 2871/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. S.P. Roy, learned counsel for the applicants as well as Mr. R. P. Sarmah, learned Sr. counsel appearing for the writ petitioner. The applicants, who are the respondent Nos.4, 5 and 6 in the connected w rit petition, by the present application are praying for modification/vacation/ alteration of the interim order passed on 07.09.2011 in WP(C) No.4526/2011. The said interim order was passed on the basis of the case as projected by the writ petitioner that only 2(two) Ward Commissioners have participated in the proceedi ng dated 23.08.2011 and not by the minimum number of Ward Commissioners as requi red under Section 28(2) of the Assam Municipal Act. Mr. Roy, learned counsel for the applicants submits that it is evident f rom the proceeding dated 23.08.2011 that the said proceeding was attended to by 3(three) Ward Commissioners apart from the Circle Officer. Mr. Sarmah, learned Sr. counsel submits that apart from the aforesaid gr ound taken in the writ petition, the other ground on which the proceeding dated 23.08.2011 has been put to challenge is that the requisition of the special meet ing was not given by 3(three) Ward Commissioners as required under Section 43(2) of the aforesaid Act, which was given by the 2(two) Ward Commissioners and as s uch the entire proceeding is illegal. Having heard the learned counsel for the parties and upon perusal of the requisition given to the Chairman, which is available at Annexure-C to the writ petition, it appears that the same was given by 2(two) members, though Section 43(2) of the Act requires giving requisition by 3(three) members for convening a special meeting. In view of the above, I am of the prima facie view that there is violati on of the provisions of Section 43(2) of the aforesaid Act. Hence the interim or der is not required to be vacated or modified. It would however not preclude the Ward Commissioners to bring fresh no c onfidence motion against the writ petitioners, if so advised. Misc. case stands disposed of.