WA 17/2008 BEFORE HON’BLE CHIEF JUSTICE J.CHELAMESWAR HON’BLE MR.JUSTICE HRISHIKESH ROY (Chelameswar,CJ) Aggrieved by an interim order dated 18.1.2008, the respondent Nos.5 to 15 prefer red the present appeal. The subject matter of dispute in the writ petition is a resolution of the Commis sioners of the Goalpara Municipality expressing no confidence on the elected Cha irman of the Municipality (Respondent No.1 herein), who was writ petitioner in W P(C) 182/2008. The 1st respondent challenged the resolution on the ground that the meeting date d 4.12.2007 convened by the Commissioners of the Municipality did not comply wit h the requirement of Section 43 read with 28 of the Assam Municipal Act,1956. Heard Mr. N Dutta, learned senior counsel appearing for the appellants and Mr. A K Goswami, learned senior counsel for respondent No.1/writ petitioner. In view of the pendency of the writ petition, we do not propose to go into the rival contentions of the parties as any observation or finding recorded by the B ench is likely to adversely effect one party or the other, but in view of the fa ct that subsequent to the resolution impugned in the writ petition dated 4.12.20 07, the Commissioners of the Municipality sought to have elect the appellant No. 1 to be the Chairman of the abovementioned Municipality. While granting the interim order this aspect of the matter was not taken note of by the learned Judge. In our view, it is a very relevant factor in determining the balance of convenience while passing the interim order. We, therefore, deem it appropriate to set aside the impugned order and direct the Registry to list t he abovementioned writ petition for final hearing before the appropriate Bench o n 19.2.2008. Learned counsel appearing on either side may exchange their pleadings, if any, i n the meantime.