WP(C) 5563/2010 BEFORE HON’BLE MR.JUSTICE T.NK SINGH JUDGMENT AND ORDER (O R A L) As prayed for and agreed to by learned counsel for the parties, this writ petition is taken up for disposal at this stage. [2] Nobody disputes that the Panchayat is a democratic institute at the grass-root level. It is admitted fact of both the parties that the present p etitioner and private respondent Nos.9 to 15 are the elected members of the Burh a Gaon Panchayat for which, the present petitioner is the President. It is also not disputed by learned counsel for the parties that seven members out of the te n elected members of the Burha Gaon Panchayat had issued notice for No Confidenc e Motion, not only once but twice. But the first notice for No Confidence Motion was not accepted by this court vide interim order passed in the present writ pe tition for the reason that there are some technical loopholes in issuing the No Confidence Motion and also in convening the Special Meeting of the said Panchaya t for consideration of No Confidence Motion. [3] The private respondents had filed their affidavit in opposition wherein it is stated that after the interim order dated 05.10.2010 passed by thi s court in the present writ petition, the private respondents had also again iss ued notice dated 07.10.2010 signed by seven members requesting the President, Bu rha Gaon Panchayat to convene Special Meeting of the Burha Gaon Panchayat for di scussing the No Confidence Motion against the president, i.e. the present writ p etitioner. [4] The procedure for convening Special Meeting for consideration of No Confidence Motion and also for issuing notice for No Confidence Motion are, more fully mentioned in Section 15 of the Assam Panchayat Act, 1994. Section 15( 2) of the Assam Panchayat Act, 1994 provides for requisition of Special Meeting and under sub-section (2) for consideration of No Confidence Motion the notice s hall be signed by not less than 1/3 of the number of members of the Gram Panchay at and also shall be delivered to the President or Vice President as the case ma y be of the concerned Gram Panchayat with the information to the Deputy Commissi oner of the district. [5] Copy of the said new No Confidence Motion dated 07.10.2010 is av ailable at Annexure D to the affidavit in opposition filed by the private respon dents. After perusal of the new No Confidence Motion it appears that it is right ly addressed to the authority concerned as provided in sub section (2) of Sectio n 15 of the Assam Panchayat Act, 1994 inasmuch as sub section (2) clearly indica tes to whom the notice for No Confidence Motion is to be addressed. [6] In the given case, the No Confidence Motion is against the prese nt President and addressed to the President i.e. the present writ petitioner. Af ter receipt of the notice for No Confidence Motion as provided in sub section (1 ) of Assam Panchayat Act, 1994 the Secretary of the Gram Panchayat with approval of the President of the Gram Panchayat shall convene the meeting. Sub section ( 1) further provides that such meeting for consideration of No Confidence Motion should be convened within a period of fifteen days from the date of receipt of n otice for No Confidence Motion. It appears that the time for convening No Confid ence Motion as provided in sub section (1) of Section 15 of the Assam Panchayat Act, 1994 pursuant to the new notice dated 07.10.2010 had already been lapsed bu t taking into consideration of the peculiar case in the present case, this court is of considered view that in a democratic polity majority carries the vote. Th erefore, it is required to see that the present petitioner i.e. the President, s till has the confidence of the elected members of Burha Gaon Panchayat and he st ill has the majority in his favour. [7] This court for the sake of repetition again repeats that the Bur ha Gaon Panchayat is a democratic institute at the grass-root level. Everything concerning the Gram Panchyat should be decided in the manner prescribed for demo cratic set up for a democratic institution. [8] For the foregoing reasons, the Secretary, Burha Gaon Panchayat s hall convene Special Meeting of the Burha Gaon Panchayat for consideration of th e notice for No Confidence Motion dated 07.10.2010 filed by the seven members ou t of ten elected members of Burha Gaon Panchayat within 15 days i.e. on 10.02.20 11. With the above observation and direction the writ petition is di sposed of. [9] Registry is directed to furnish copy of this order to the learne d counsel for the parties in the course of the day. This order is passed after hearing Ms.VL Singh, learned GA, who shall inform the Secretary, Burha Gaon Panchayat, immediately.