JUDGMENT & ORDER : Heard Mr. A Sharif, learned counsel for the petitioners. Also heard Ms. D Das Barman, learned State counsel appearing for respondent Nos.1, 2, 3, 4, 5 and 7 and Mr. S Huda, learned counsel appearing for private respondent Nos.8 to 14. 2. Notice to respondent No.6, who is the President of the Laharighat Anchalik Panchayat, was sent by Registered Post with A/D on 17.08.2016. 3. Having regard to the period of time that has elapsed from the date of dispatch of notice by Registered Post with A/D, notice on respondent No.6 is deemed to be served. 4. It is also to be noted that the Executive Officer of the Laharighat Anchalik Panchayat had filed an affidavit. Affidavit was also filed by the respondent No.7, Secretary of Joribor Gaon Panchayat and by respondent Nos.8 to 14. 5. The petitioners are the President and Vice-President, respectively, of the Joribor Gaon Panchayat. 6. A requisition notice was given by seven members of the Gaon Panchayat, who are the respondent Nos.8 to 14 in this writ petition, expressing want of confidence upon the present petitioners. It appears that the Secretary of Joribor Gaon Panchayat had received the requisition on 16.06.2016. It is, however, to be noted that the requisition itself was not dated. 7. Section 15(5) of the Assam Panchayat Act, 1994 (for short, “1994 Act”) provides for the procedure to be followed in case the members of Gaon Panchayat express want of confidence both on the President and Vice-President of the Gaon Panchayat at the same time and issue notices. The provision reads as under: “15(5) If under sub-section (1), the members of the Gaon Panchayat express want of confidence both in the President and Vice-President of the Gaon Panchayat at the same time and issue notices, the Secretary of the Gaon Panchayat, within seven days from the date of such notices, shall report the matter to the President of the concerned Anchalik Panchayat who shall arrange to convene the meeting within 15 days from the date of receipt of the intimation, separately, to consider the motion against the President first and to consider the motion against the Vice-President next day and shall preside over both the meetings. The President of the concerned Anchalik Panchayat presiding the meeting shall have no vote. The President of the concerned Anchalik Panchayat presiding the meeting shall have no vote. In case the President of the concerned Anchalik Panchayat does not take action as above, the Secretary of the Gaon Panchayat, within three days after expiry of the stipulated fifteen days time, shall refer the matter to the concerned Deputy Commissioner or the Sub-Divisional Officers (C), as the case may be. On receipt of the information, the Deputy Commissioner or the Sub-Divisional Officer as the case may be, shall convene both the meetings in the manner as above, within fifteen days from the date of receipt of the information with intimation to the concerned Anchalik Panchayat and Zilla Parishad and preside over such meetings: Provided that the concerned Deputy Commissioner or the Sub-Divisional Officer as the case may be, in case of his ability to preside over the meeting, may depute a Gazetted Officer not below the rank of Class-I Gazetted Officer to preside over such meeting: Provided further that if it is not possible to hold the meeting for a situation due to non-attendance of the requisite number of members in such meeting or meetings as the case may be, the no-confidence motion shall automatically stand cancelled and motion shall be deemed to have lost, in the event of which no such motion shall be allowed within the next six months.” 8. Sub-Section (1) of Section 15 of the 1994 Act is also relevant and, therefore, the same is quoted below: “15(1) Every President or Vice-President shall be deemed to have vacated his office forthwith when resolution expressing want of confidence in him is passed by a majority of two third of the total numbers of members of the Goan Panchayat. Such a meeting shall be specially convened by the Secretary of the Gaon Panchayat with approval of the President of the Gaon Panchayat. Such meeting shall be presided over by the President if the motion is against the Vice-President, and by the Vice-President, if the motion is against the President. Such a meeting shall be specially convened by the Secretary of the Gaon Panchayat with approval of the President of the Gaon Panchayat. Such meeting shall be presided over by the President if the motion is against the Vice-President, and by the Vice-President, if the motion is against the President. In case such a meeting is not convened within a period of fifteen days from the date of receipt of notice, the Secretary of the Gaon Panchayat shall within three days, refer the matter to the President of the concerned Anchalik Panchayat, who shall convene the meeting within seven days from the date of receipt of the information from the Secretary of the Gaon Panchayat and preside over such meeting. In case the President of the Anchalik Panchayat does not take action as above, within the specified seven days time, the concerned Gaon Panchayat Secretary shall inform the matter to the Deputy Commissioner/Sub-Divisional Officer (Civil) as the case may be within three days after the expiry of the stipulated seven days time and the concerned Deputy Commissioner/Sub-Divisional Officer (C) shall convene the meeting within seven days from the date of the receipt of the information with intimation to the Zilla Parishad and the Anchalik Panchayat and preside over the meeting so convened. Provided that the concerned Deputy Commissioner/Sub Divisional Officer (C) as the case may be, in case of his inability to preside over the meeting, may depute one Gazetted Officer under him not below the rank of Class-I Gazetted Officer preside over such meeting: Provided further that when a non-confidence motion is lost, no such motion shall be allowed in the next six months.” 9. From a perusal of Section 15(1) and Section 15(5) of the 1994 Act, it is apparent that the 1994 Act has prescribed two separate procedures. Section 15(1) comes into play when no confidence requisition is given in respect of either the President or the Vice-President and Section 15(5) gets attracted when the want of confidence is expressed both against the President and the Vice-President at the same time. 10. Section 15(5) provides that the President of the Anchalik Panchayat should arrange to convene the meeting within fifteen days from the date of receipt of the intimation, separately, to consider the motion against the President first and to consider the motion against the Vice-President next day. 10. Section 15(5) provides that the President of the Anchalik Panchayat should arrange to convene the meeting within fifteen days from the date of receipt of the intimation, separately, to consider the motion against the President first and to consider the motion against the Vice-President next day. On failure of the President of the Anchalik Panchayat to take action as aforesaid, the Secretary of the Gaon Panchayat is mandated to refer the matter within a period of three days after expiry of the stipulated fifteen days to the Deputy Commissioner. 11. The admitted position in the instant case is that the Secretary of the Gaon Panchayat forwarded the requisition to the President of the Laharighat Anchalik Panchayat vide letter dated 01.07.2016 (Annexure-D of the writ petition). The said letter also recites about seeking of permission from the President of the Gaon Panchayat to hold the meeting though no such permission is envisaged under section 15(5) of 1994 Act. 12. It appears that on 11.07.2016, (Annexure-E of the writ petition) the Secretary of Joribor Gaon Panchayat addressed a letter to the Deputy Commissioner, Morigaon stating therein that even after seven days from the date of informing the President of the Anchalik Panchayat about no confidence requisition, no steps were taken to hold the meeting. Based on the aforesaid letter dated 11.07.2016 (Annexure-E of the writ petition), the Deputy Commissioner, Morigaon issued a notice dated 12.07.2016 convening a special meeting to discuss the no confidence motion against the President on 16.07.2016 at 12:00 noon and another special meeting on the same day at 12.30 PM to discuss the no confidence motion against the Vice-President, respectively. Accordingly, special meetings were held and resolutions were adopted expressing no confidence against the petitioners. 13. A perusal of the letter dated 11.07.2016 goes to show that the said letter was written by the Secretary of Joribor Gaon Panchayat laboring under a misconceived notion that the President of the Anchalik Panchayat is to act on the no confidence requisition within a period of seven days. Section 15(5) of the 1994 Act clearly provides that the President of the Anchalik Panchayat has to convene the special meeting within a period of fifteen days. 14. Section 15(5) of the 1994 Act clearly provides that the President of the Anchalik Panchayat has to convene the special meeting within a period of fifteen days. 14. A Division Bench of this Court in Mosira Bibi -Vs- State of Assam & Ors., reported in 2006 (4) GLT 460, had held that the time schedule under the 1994 Act to be adhered to by different authorities in convening such meeting is procedural in nature and such provision prescribing time schedule cannot be held to be as mandatory as it would defeat the very purpose and object of enacting such provision, because in a given case, the concerned authority may, with a view to defeat the subject of such enactment, delay initiation of such proceeding and may not adhere to such time schedule, thereby frustrating the very purpose for which such enactment is made. 15. In Forhana Begum Laskar -Vs- State of Assam of Assam & Ors., reported in 2009 (3) GLR 575, the Full Bench had observed that each and every departure from the procedure and the time schedule contained therein would not impair the exercise so as to decisively annihilate the same. It also noted the observation of a Division Bench judgment in Mumtaz Rana Laskar & Ors. -Vs- State of Assam & Ors., reported in 2006 (1) GLT 46, that it is impermissible to lay down any general rule for determining as to whether a provision is mandatory or directory. 16. In Intaz Ali -Vs- State of Assam & Ors. [WP(C) No.3032/2014] decided on 11.08.2016, it is held that if action as contemplated under Section 15(1) is sought to be taken before the time schedule prescribed under the 1994 Act and a special meeting is sought to be convened before the period as specified under Section 15 of the 1994 Act, the same may be held to be running counter to the mandate of the Act and in that context, the time prescribed may be construed to be mandatory. However, in the context of a special meeting held beyond the period prescribed under the 1994 Act, time schedule has to be construed to be directory and, therefore, there are two facets inherent in the prescription of time schedule under the 1994 Act. 17. However, in the context of a special meeting held beyond the period prescribed under the 1994 Act, time schedule has to be construed to be directory and, therefore, there are two facets inherent in the prescription of time schedule under the 1994 Act. 17. It is not very clear from the pleadings of the parties on which day the President of Laharighat Anchalik Panchayat received the said letter dated 01.07.2016. Even if it is assumed that the letter was received on the very same day, i.e. 01.07.2016, then also, the President of Laharighat Anchalik Panchayat could have convened the meeting on or before 15.07.2016. 18. Admittedly, in the instant case, action taken by the Deputy Commissioner based on the letter dated 11.07.2016 of the Secretary of the Joribor Gaon Panchayat, encroached upon time prescribed permitting the President of the Anchalik Panchayat to convene a special meeting and, therefore, there is an apparent infraction of the mandatory provision of law. Judged in that context, resolutions adopted against the petitioners cannot be sustained in law and resultantly, resolutions adopted against the petitioners in the special meetings held on 16.07.2016 are quashed. 19. In view of setting aside of the resolutions, the petitioners will now function as President and Vice-President of Laharighat Anchalik Panchayat. 20. The writ petition is allowed. No costs.