WP(C) 6215/2010 BEFORE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mr. AM Mazumdar, learned Senior counsel, assisted by Mr. R Ali, Ad vocate, appearing for the petitioner. Also heard Ms. VL Singh, learned State cou nsel, appearing for respondent Nos.1, 2, 3 and 4 and Ms. SB Choudhury, learned c ounsel appearing for respondent Nos. 7 to 14 as well as Mr. AR Sikdar, learned c ounsel on behalf of respondent No.6. None appeared on behalf of respondent No.5 despite service of notice. 2. The petitioner herein who is the elected President of 61 No. Lachanga Ga on Panchayat, Lachanga under 2 No. Rupshi Anchalik Panchayat has questioned the legality and validity of the notice of no confidence issued by eight (8) members of the Lachanga Gaon Panchayat and subsequent order issued dated 19.11.2010 by the President, Rupshi Anchalik Panchayat, Kalgachia whereby special meeting of n o confidence was fixed on 23.11.2010. This court on 22.11.2010 while issuing not ice of motion making it returnable within 3 weeks, passed an interim order to th e following effect, in the interim, if any resolution of No Confidence is adopted in the meeting to be held on 23.11.2010, the same should not be given effect to until the next re turnable date . 3. Vide order dated 16.12.2010 passed by this court in MC No. 3973/2010, th e petitioner was restrained from taking any decision involving financial outflow of funds of the 61 No. Lachanga Gaon Panchayat as well as not to take any polic y decision. However, he was allowed to take routine decisions for the function o f the Gaon Panchayat. The said order was passed on the application filed by priv ate respondent Nos. 7 to 14 in the writ petition. 4. The said writ petition was moved seeking the intervention of the Court o nly on the ground that no notice of the said requisitioned meeting has been serv ed on the petitioner violating section 15 of the Assam Panchayat Act, 1994 (’Act 1994’ for short) 5. As prayed for by learned counsel appearing for the parties and consideri ng the issue involved, The case is taken up for disposal as the affidavit-in-opp osition has been exchanged and the record has been produced. Accordingly the cas e is heard at length. Now the decision and reason thereof. 6. Admittedly on 28.10.2010 a notice of no confidence was issued by 8 (eigh t) members of 61 No. Lachanga Gaon Panchayat, Lachanga addressed to the petition er who is the president of the aforesaid Gaon Panchayat requesting him to conven e a meeting to discuss no confidence motion within 15 days. 7. It would appear from the record, as well as averments made in the affida vit-in-opposition field by respondent Nos.7 to 14 that letter dated 28.10.2010 w hen served upon the petitioner, he refused to receive the same, hence the same w as received by the Secretary, 61 No. Lachanga Gaon Panchayat and placed it before the writ petitioner on the same day for his approval but he again refused and in consequence whereof the Secretary 61 No. La changa Gaon Panchayat issued a communication on 16.11.2010 to the President Rups hi Anchalik Panchayat, Kalgachia seeking necessary action on the application for convening meeting to discuss no confidence motion against the petitioner wherei n it was contended that 8 members of 61 No. Lachanga Gaon Panchayat submitted an application on 30.10.2010 for convening the aforesaid no confidence motion whic h is required to be held within 15 days from the date of receipt of notice, but on refusal of the writ petitioner to approve the same, the meeting could not be held. 8. In pursuance to the aforesaid communication dated 16.11.2010, the Presid ent Rupshi Anchalik Panchayat, Kalgachia issued a notice on 19.11.2010 informing the President, Vice President, Secretary and all members of 61 No. Lalchanga Ga on Panchayat that the special meeting of no confidence motion against the petiti oner would be held on 23.11.2010 at a 11’o clock in the Office of the Rupshi Anc halik Panchayat, Kalgachia requesting them to be present in the said meeting and accordingly, special meeting of no confidence motion was held as scheduled and resolution of no confidence motion was passed against the petitioner wherein all the 10 (ten) members by secret ballot voted against the petitioner which is und er challenge before this court. 9. The facts pleaded by the petitioner is that though eight (8) members sub mitted an application addressed to him for holding a meeting to discuss for no c onfidence motion against the petitioner but no such application was served upon him thereby requiring him to accord approval. However, the same was forwarded to the President, Rupshi Anchalik Panchayat on 16.11.2010 on the ground that the p etitioner being the President of 61 No. Lachanga Gaon Panchayat did not accord approval within 15 days as required under Section 15 of the Act, 1994. The comm unication made on 16.11.2010 to the President Rupshi Anchalik Panchayat whereby the president of Rupshi Anchalik Panchayat issued the communication on 19.11.201 0 for convening a special meeting to discuss no confidence motion fixing 23.11.2 010 was beyond the stipulated period under Section 15 of the Assam Panchayat Act , 1994 and the ground set forth above requires interference under judicial scrut iny. 10. Referring to the affidavit-in-opposition filed on behalf of respondent N os. 7 to 14 wherein it has been averred that the letter dated 28.10.2010 had bee n sent to the petitioner but he refused to receive the same and accordingly the said letter was received on 30.10.2010 by the Secretary for himself and on behal f of the petitioner and placed the same to the petitioner by the Secretary for h is approval but the petitioner refused and on refusal the communication was made on 16.11.2010 to the President Rupshi Anchalik Panchayat and accordingly the Pr esident Rupshi Anchalik Panchayat took up the matter on 19.11.2010 fixing 23.11. 2010 for holding a meeting of no confidence motion which was passed against the petitioner, learned counsel appearing on behalf of respondent Nos.7 to 14 has s ubmitted that, in view of the averments made in the counter, this Court does not require to interfere with the no confidence motion passed against the petitione r in the matter of discretionary power under writ jurisdiction. 11. The Secretary of 61 No. Lachanaga Gaon Panchayat who has been arrayed as a party respondent No. 6 has filed an affidavit-in-opposition contending that 8 (eight) members of the Gaon Panchayat had approached him on 28.10.2010 alongwit h application signed by its members which he had seen. The said letter was addre ssed to the petitioner and accordingly asked the members to serve a copy of the same to the petitioner. After two days the members came back again whereby they contended that the petitioner had refused to accept the same and accordingly he being the Secretary of the Gaon Panchayat had to receive it and acknowledge the receipt of the same on 30.10.2010 and on arrival of the petitioner at the Office the letter was served upon the petitioner but he refused to receive the same. R espondent No.6 also requested the petitioner orally to accord approval by convey ing the special meeting to which he did not pay any heed. Accordingly he had to send the communication dated 28.10.2010 on 16.11.2010 to the President, Rupshi A nchalik Panchayat as per Section 15 (1) of the Act 1994. The plea of writ petiti oner not serving the copy of notice upon him is therefore, not true. Hence, acti on taken as per provision of law against the petitioner do not require to be int erfered with in the facts and circumstances of the case. 12. Another affidavit-in-opposition has been filed by the respondent No. 4 w ho is the Executive Officer and Secretary, Rupshi Development Block, Kalgachia c ontended, inter alia, that the letter holding of the special meeting by Anchalik Panchayat President of Rupshi Anchalik Panchayat for discussion of no confidenc e motion against the petitioner was fully served by the peon of the Anchalik Pan chayat which was received by the family members of the petitioner but refused to acknowledge the same, which makes it clear that the petitioner had certainly re ceived the letter served upon him by the Anchalik Panchayat as a copy of the sam e has been annexed in the writ petition. 13. I have heard the parties at length. Perused the pleadings of the parties alongwith the record produced before the court. The record so produced would r eveal that the Secretary 61 No. Lachanga Gaon Panchayat had received the copy of the letter dated 28.10.2010 for himself and on behalf of the petitioner on 30.1 0.2010. The record would further reveal that no letter dated 28.10.2010 has been received by the petitioner seeking the approval for convening the special meeti ng. I have given my anxious consideration to the prevailing facts. There is some doubt cast as to whether the notice of no confidence dated 28.10.2010 was in fa ct served upon the President, inasmuch as, there is no material on record showin g service of the notice of no confidence on the petitioner, i.e. the President. There is no endorsement of any independent witness regarding attempt to serve th e notice on the President, i.e. the petitioner or any proof of his denial to rec eive the same. 14. In absence of serving a copy of the letter dated 28.10.2010 on the petit ioner and that too without taking the approval, the Secretary 61 no. Lachanga Ga on Panchayat referred the matter to the president Rupshi Anchalik Panchayat beyo nd the prescribed period as provided under section 15 of the Act, 1994. Therefor e, the no confidence motion passed on 23.11.2010 by the members of 61 No. Lachan ga Gaon Panchayat cannot have the sanctity of law and the Court cannot accord th e approval of such no confidence motion passed on 23.11.2010 against the petitio ner. On the other hand, as of date there cannot be any denial of the fact that t he petitioner had already got notice of the no confidence motion against him as contained in the document marked as Annexure-2 to the writ petition itself. 15. Hence, it is directed that the meeting to discuss the no confidence moti on now be approved by the petitioner within 3 (three) days from the date of rece ipt of the certified copy of this order. Thereafter, the Secretary, 61 No. Lacha nga Gaon Panchyat shall convene the meeting of no confidence motion within 15 (f ifteen) days from the date of approval. 16. In the result, the writ petition is allowed setting aside and quashing t he impugned letter dated 19.11.2010 including no confidence motion passed on 23. 11.2010 by the members of 61 No. Lachanga Gaon Panchayat. Parties are left to be ar their own costs.