WP(C) 3126/2009 BEFORE HON’BLE THE HON’BLE MR.JUSTICE A.POTSANGBAM Heard Sk.N.Mohammad, learned counsel appearing for the petitioner and Mr. B.J.Gh osh, learned Govt. Advocate appearing on behalf of the official respondent Nos.1 to 2 and 4. Mr. D.P.Borah, learned counsel has entered appearance on behalf of respondent No.5. None appears on behalf of respondent Nos. 3. Notice was issued on respondent Nos. 3 and 5. Mr.Das, learned counsel ha s entered appearance on behalf of respondent No. 5. Office note dated 20.11.2009 indicates that the A/D.card of Respondent No. 3 sent by registered post has bee n received by the Registry. Therefore, notice on respondent No.3 shall be deemed to have been served. In this case, the short question involved is whether the procedure adopt ed by the Nagaon Gaon Panchayat authority in the no-confidence motion meeting he ld against the petitioner, who was the President of the Goan Panchayat, is legal ly sustainable or not in view of the provision of Section 18(5) of the Assam Pa nchayat Act, 1994, which runs as follows : The voting in any meeting of Gaon Panchayat, if required, shall be rais ing of hands, except in the meeting where no confidence motion is discussed wher e the matter will be decided by secret ballot. In view of certain conflicting views on the import and interpretation of Section 18(5) of the Assam Panchayat Act, 1994(as amended) and other connected issues, a writ appeal was placed before the Full Bench of this Court. The Full B ench of this Court by Judgment and order dated 30.6.2009 passed in WA No. 129/20 09, held that insofar as no confidence motion is concerned, the authority is obl igated to strictly maintain the provision relating to secret ballot as contained in section 18 (5) of the Act. In view of the aforesaid decision of the Full Cou rt on the issue, the issue raised in this writ petition is no longer res integra , in the sense that the matter has already been settled by the Full Bench of thi s Court. Admittedly, there was no secret ballot in the proceeding of no confidenc e motion, which was put to vote only by raising of hands. The learned counsel ap pearing for the respondent No.5 submits that raising of hands was resorted to as no one was opposing the no confidence motion. Mr.D.P.Borah,the learned counsel appearing for the respondent No.5 has not denied that the no confidence proceedi ng has not been put to secret ballot proceeding. In view of the above, I am pers uaded to hold that the no confidence proceeding held against the petitioner on 4 .7.2009 by the Nagaon Gaon Panchayat authority is illegal and not sustainable in law and consequently, the impugned communication dated 17.7.2009 (Annexure-5) u nder the subject Regarding removal of President, Nagaon Gaon Panchayat is qua shed. With the above observation and direction, the writ petition stands disposed of.