(1.) THE petitioner is an elected member of the third respondent-Grama panchayat. He was also elected as Adhyaksha of Grama Panchayat on 17-12-2002. The requisite number of members of the Grama Panchayat have moved a No-confidence against the petitioner. The second respondent-Assistant Commissioner issued a notice dated 5-5-2004 as per Annexure-A, informing the petitioner that the meeting of Panchayat will be convened on 22-5-2004 at 11. 00 a. m. at the Grama Panchayat office to consider the said No-confidence motion. On 22-5-2004 at 11. 00 a. m. , it was noticed that two locks were put to the door of Panchayat and about 400 men and women had assembled in front of Grama Panchayat office protesting against the No-confidence motion. One person by name elias consumed poison. In spite of the efforts made by the Assistant commissioner for a period of one hour, he could not conduct the meeting and therefore he postponed the meeting. On 24 5-2004 as per annexure-B issued an endorsement to the petitioner to the aforesaid fact and informed him that notice of the meeting for consideration of No-confidence motion would be intimated to him once again. Aggrieved by the said endorsement, the petitioner has preferred this writ petition.
(2.) NOW an application in LA No. I is filed for stay of the said endorsement on the ground that the petitioner has been sent with a notice dated 19-6-2004 wherein it is informed to him that the meeting of the Panchayat will be convened on 7-7-2004 for consideration of No-confidence motion, which was postponed earlier.
(3.) RESPONDENTS have entered appearance and they have filed their statement of objections. The second respondent contends that on 21-5-2004 the jurisdictional police issued a wireless message stating that there is a Law and Order situation at the premises of Panchayat and a criminal case has been registered by the jurisdiction police in a Crime no. 31 of 2004 under Section 363 of the IPC, as per Annexure-R3. It is stated that after the aforesaid communication, the Assistant commissioner tried his level best to conduct the meeting of No-confidence motion as scheduled. He visited the Grama Panchayat Office, but there was a big crowd gathered around the Grama Panchayat Office. The door of the Grama Panchayat Office was locked by the unknown persons. The jurisdictional police were also present to maintain the Law and Order, but the situation had deteriorated, the police were unable to handle the Law and Order situation. Therefore, the Deputy superintendent of Police requested the second respondent to postpone the meeting of No-confidence motion fixed on 22-5-2004. It is also stated that one of the family members of the Panchayat by name Samsuddin was kidnapped. The family members of the kidnapped person samsuddin were agitating to postpone the No-confidence motion meeting and one of the Panchayat member's brother by name Elias consumed poison in front of Grama Panchayat Office. Under these circumstances, in spite of the best efforts made by the second respondent to conduct the meeting, he could not do so. Therefore, the meeting was postponed. It is stated that in accordance with law meeting of no-confidence would be convened.