WP(C) 4960/2008 BEFORE THE HON’BLE MR. JUSTICE BP KATAKEY Heard Mr. A Sarma, learned senior counsel for the petitioner, Mr. Sikdar, learne d counsel appearing on behalf of the respondent Nos. 7 to 13, Dr. Ahmed, learned counsel appearing on behalf of the president of the Anchalik Parishad, responde nt No. 3 and Mr. Soren, learned State counsel appearing on behalf of the respond ent Nos. 1 and 2. The petitioner, by the president petition, has challenged the notice dated 20.11 .2008 issued by the President of Jamadarhat Anchalik Panchayat, Chirakuti conven ing the special meeting on 27.11.2008 at 11 AM to discuss the notice of no confi dence brought by eight members of Tarangajhar Gaon Panchayat against him as the President of the said gaon panchayat, on the ground that such notice of no confi dence as well as the requisition of special meeting as required under Section 15 of the Assam Panchayat Act (in short the Act) has not been delivered to him and the secretary of the Gaon panchayat also did not place anything before him in t hat regard seeking his approval for convening the special meeting to discuss the ’no confidence motion’ brought, as required under the said Act. According to the petitioner the anchalik panchayat assumes the jurisdiction to issue the notice convening the special meeting to discuss the no confidence moti on brought against him only when such meeting is not convened within 15 days fro m the date of delivery of the notice and that too after receiving the intimation from the secretary of the gaon panchayat about non convening the meeting within three days therefrom. According to the petitioner no such notice has been place d before him by the secretary requiring his approval for convening the special m eeting and the secretary of the gaon panchayat also has not communicated the anc halik panchayat about the failure to convene the meeting with 15 days. The petit ioner therefore contends that the notice issued by the anchalik panchayat is wit hout jurisdiction. The president of the anchalik panchayat, respondent No. 4 has in the affidavit f iled, taken the stand that the notice expressing no confidence was placed before the petitioner by the secretary and since the meeting was not convened within 1 5 days from such notice, the secretary of the gaon panchayat intimated the ancha lik panchayat about the same and the anchalik panchayat issued the notice to con vene the meeting to discuss the no confidence motion brought against the petitio ner. Without going into the factual situation as to whether the notice of no confiden ce which is given by eight members of the gaon panchayat was delivered to the pe titioner or not; whether the secretary of the gaon panchayat has placed the same before the petitioner for convening the meeting to discuss the same and whether the secretary on refusal to hold the meeting by the president intimated the anc halik panchayat about the same, the writ petition can be disposed of as the cont ention of the petitioner, as noticed above, is that such notice was not delivere d to him as required under sub section 2 of section 15 of the 1994 Act and the s ecretary of the gaon panchayat also not brought to his notice the notice of no c onfidence. Sub section 2 of Section 15 of the 1994 Act does not stipulate any time limit wi thin which the requisition for holding the special meeting to discuss the no con fidence motion has to be delivered to the President. Since the petitioner’s cont ention is that such notice has not been delivered and it is also not in dispute that under the law as soon as the notice is delivered, the President is duty bou nd to convene the meeting within 15 days therefrom and in the event of failure t o do so the anchalik panchayat on receipt of the intimation from the secretary a ssumes the jurisdiction to convene the meeting, the present writ petition is dis posed of with the following directions :- (i) the notice of no confidence which was brought by the eight members of the an chalik panchayat now be delivered to the petitioner ; (ii) the petitioner on being delivered with such notice of no confidence shall a ct in accordance with the provision contained under sub section 1 of section 15 of the Act ; iii) in case of failure to convene the meeting as required under the said provis ion of the Act, the Secretary of the gaon panchayat shall intimate the anchalik panchayat, who shall then take required steps to convene the meeting. The writ petition is accordingly disposed of. No cost.