WP(C) 4049/2009 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. AK Sarma, learned counsel for the petitioner. Also heard Mrs VL Sinha, learned Govt. Advocate appearing for the official respondents. The petitioner herein is an elected President of the Gauripur Anchalik P anchayat Dharmashala. Out of the 15 members of the Panchayat 12 members initiate d a no confidence motion against the petitioner and a written requisition to tha t effect was submitted to the Secretary and upon receipt of the said requisiti on of no confidence motion, the matter was placed before the petitioner. The con tention of the petitioner is that during the intervening period out of 12 signa tories 5 members have withdrawn themselves and accordingly the requisition fa ll short of the requisite members as contended under Section 43 of the Assam Pan chayat Act,1994. On the aforesaid count, learned counsel submits that the requis ition being invalid is liable to be quashed. The sole contention of the petitioner is that out of the 12 signatories 5 members have withdrawn from the proceeding of no confidence motion and whet her such five members or any of them have withdrawn from the proceedings/ requis ition or not is purely a question of fact and that cannot be accepted on the ba re submission of the petitioner. Even if they have withdrawn from the requisitio n certainly they will not support the motion and for this purpose there is not be done by the High court in exercise of its extraordinary writ jurisdiction. A ccordingly, this writ petition is disposed of with the direction that the afores aid no confidence motion placed in the meeting of the Panchayat be processed und er Section 43 of the Assam Panchayat Act with the discussion of the members. With the above observation and direction, this writ petition stands clos ed.