MC 2523/2011 BEFORE THE HON’BLE MR. JUSTICE S. TALAPATRA Heard Mr. N. Haque, learned counsel for the applicants, private respondents in t he writ petition. Also heard Mr. B. J. Ghosh, learned Government Advocate for th e State-respondents. Against the writ petitioner-respondent a ’no confidence motion’ was pressed by t he applicants, who are the members of 99 No. Bahmura Gaon Panchayat for removing her from the post of President of said Gaon Panchayat. After much deliberation this court on 8-8-2011 passed an agreed order in the following terms: The President of Bhawanipur Anchalik Panchayat is directed to convene a meeting of 99 Bahmura Gaon Panchayat on 16th August, 2011 for co nsideration of the not ice dated 25th November, 2010 of no confidence given by some of the members. The said meeting shall be presided over by the President of the aforesaid Anchalik Panchayat. No further notice shall be issued to any of the parties, since all ar e present before this Court. Learned counsel appearing for the applicants submits that in defiance to the sai d order dated 8.8.2011, the president of Bhawanipur Anchalik Panchayat did not c onvene a meeting of 99 No. Bahmura Gaon Panchayat on 16.08.2011. As consequence thereof, a petition under Section 12 of the Contempt of Courts’ Act, 1971 has al ready been pressed in this Court and the said case has been registered as Cont. Cas(C) No.294 of 2011 and the proceeding is still pending. The learned counsel for the applicants further contended that for non-compliance , the function of 99 No. Bahmura Gaon Panchayat has been paralysed adversely aff ecting the public interest. In this backdrop, the present application has been filed praying an effective di rection from this Court. Usually, this Court does not exercise its jurisdiction in a case which is dispos ed of but to put an end to the stalemate as has been created by non-compliance o f the Court’s order and for averting failure of justice this Court is inclined t o exercise its inherent and discretionary power. I have been taken to the provisions of Section 15 of the Assam Panchayat Act, 19 94 where the mode of consideration of no confidence motion has been provided. It appears therefrom that in the event of non-compliance by the President of Bhawa nipur Anchalik Panchayat, the Deputy Commissioner has the authority to convene t he meeting to determine the fate of the ’no confidence motion’. In the backdrop as stated, it is directed that the Deputy Commissioner, Barpeta shall convene the meeting of 99 No. Bahmura Gaon Panchayat on 09.01.2012 to dete rmine the fate of ’no confidence motion’ dated 25.11.2010 as pressed by the appl icants herein for removing the writ petitioner-respondent. It is made clear that necessary notice for the said meeting to each of the membe rs of the 99 No. Bahmura Gaon Panchayat be given by the said Deputy Commissioner , Barpeta following the prescriptions of law. A copy of this order be furnished to the learned Government Advocate for onward transmission to the Deputy Commissioner, Barpeta for doing the needful. With this observation and direction, this petition is disposed of.