WP(C) 4865/2010 BEFORE HON’BLE MR JUSTICE B.K. SHARMA.. Heard Mr. P.K. Roy Choudhury, learned counsel for the petitioners as wel l as Mr. D.C. Borah, learned counsel representing the Respondents No.8 to 14. A lso heard Ms R. Chakraborty, learned Addl. Sr. Govt. Advocate. This writ petition was entertained by order dated 3.9.2010 by issuance o f notice and with an interim order directing that the Respondent No.8 shall not take over the charge of President of the No.25 Gagalmari Gaon Panchayat. Accordi ng to the Respondent No.8, since in the meantime, the President has been removed from her office by way of no confidence motion, by operation of law, she is req uired to be handed over the charge of the President of the said Gaon Panchayat. From the materials on record, it appears that the Respondent No.8 along with some 7(seven) other members of the Gaon Panchayat, has filed Misc. Case No. 3730/2010 seeking vacation of the said interim order dated 3.9.2010. In the writ petition, the petitioners have annexed Annexure-A communicat ion dated 1.4.2010, by which the Block Development Officer, Mayong Development B lock informed the Deputy Commissioner, Morigaon about the unanimous election of the Respondent No.8 as the Vice-President of the Gaon Panchayat. By the said com munication, the fact of administering oath to her was also intimated. The occasi on for electing a new Vice-President arose when the earlier Vice-President resig ned from the assignment on being appointed as Anganwadi Helper. The said earlie r Vice-President was one Smti. Asia Khatun. In Misc. Case No.3730/2010, the applicants have annexed the notice of el ection and the minutes of the election. By the notice dated 25.3.2010, the meeti ng to be held on 1.4.2010 was notified and thereafter, in presence of the member s of the Gaon Panchayat in the meeting held on 1.4.2010, the Respondent No.8 was unanimously elected as the Vice-President of the Gaon Panchayat. Be it stated here that out of two writ petitioners, the first petitioner namely, Mafiz Ali wa s also present in the meeting. Mr. Roy Choudhury, learned counsel for the petiti oners fairly submits that the said writ petitioner duly signed the minutes of th e meeting. In fact, as submitted by Mr. Borah, learned counsel for the applicant s, the said petitioners had proposed the name of the Respondent No.8 as the Vice -President. The vacancy of Vice-President arose on resignation of the earlier incumb ent and in the election dated 1.4.2010, the Respondent No.8 was unanimously elec ted by the members of the Gaon Panchayat. It is submitted that out of eight memb ers, seven members resolved to elect the Respondent No.8 as the Vice-President. The 8th member i.e. the petitioner No.2 was absent in the meeting as he was not authorized to participate in the meeting as his election as the member of the Ga on Panchayat was under challenge in the Court of Morigaon. The Respondent No.8 having been unanimously elected as the Vice-Presiden t with the aid and help of the petitioner No.1 himself, he cannot now turn aroun d and question the same on untenable pleas like that of insufficient notice etc. It will be pertinent to mention here that although the Respondent No.8 was elec ted in the meeting held on 1.4.2010 followed by administration of oath on the sa me date, the petitioners filed the instant writ petition, after five months i.e. on 31.8.2010. In view of the above, there is no merit in the writ petition and accordi ngly, it is dismissed. The interim order passed on 3.9.2010 stands vacated.