(1.) THE respondent No. 1 in this appeal filed the writ petition being W.P(C) No. 1687 of 2012 challenging the notice dated 28.02.2011 issued by the Secretary and the Executive Officer, Assam Anchalik Panchayat for convening the special meeting of Boalipar Gaon Panchayat on 04.03.2011 for discussing the no confidence motion against the President of the said Gaon Panchayat. Pursuant to the said notice dated 28.02.2011 the special meeting adopted the resolution of no confidence against the President of the said Gaon Panchayat.
(2.) SOME essential facts may be laid down to have the genesis of the controversy. By the seven members of the said Gaon Panchayat (the appellant and respondent Nos. 7 to 12) submitted a requisition on 11.02.2011 to the Secretary of the said Gaon Panchayat stating that they had lost confidence in the President, the respondent No. 1(the writ petitioner) for various reasons mentioned in the said requisition and making the request to the Secretary to convene the special meeting of the Gaon Panchayat to discuss the motion of no confidence against the respondent No. 1. It appears from the note at Annexure-1 to the writ petition that the Secretary placed the said requisition dated 11.02.2011(Annexure A to the affidavit-in-opposition by the respondent Nos. 4 and 5) to the respondent No. 1 on 12.02.2011, however the respondent No. 1 averred that the requisition was brought to his notice only on 26.02.2011(para-6 of the writ petition) and he had asked the Secretary to wait. The Secretary of the said Gaon Panchayat, the respondent No. 5 herein, on 26.02.2011 referred the said requisition dated 11.02.2011 to the President of Hailakandi Anchalik Panchayat stating that :
(3.) GAINFULLY the para 7 and 8 of Ranjit Singh(supra) is reproduced: