WP(C) 2685/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. P.K. Roy Choudhury, learned counsel for the petitioner, Mr. Ha ndique, learned State counsel appearing for the respondent Nos.1 to 5 and Mr. P. K. Deka, learned counsel appearing for the respondent Nos.7 to 14. None appears for the respondent No.6 despite service. The petitioner, who is the President of Kacharigaon Gaon Panchayat under Juria Anchalik Panchayat in the district of Nagaon, by the present petition has challenged the proceeding of the special meeting of the Gaon Panchayat dated 13 .04.2011, whereby and whereunder the motion expressing want of confidence on the petitioner has been adopted. The ground on which the said proceeding has been p ut to challenge is that though under sub-section (5) of Section 18 of the Assam Panchayat Act the secret ballot procedure is required to be followed, the same h as not been done. Mr. Roy Choudhury, learned counsel appearing for the petitioner submits that in the case in hand, as it is the admitted position of fact that the secret ballot procedure was not followed, the proceeding needs to be interfered with i n view of the Full Bench decision of this Court in Forhana Begum Laskar Vs. Stat e of Assam & ors. reported in 2009(3) GLT 575. Mr. Roy Choudhury further submits that the no confidence motion brought against the petitioner, therefore, needs to be discussed again in the meeting of the Gaon Panchayat. The learned State counsel appearing for the respondent Nos.1 to 5 as wel l as the learned counsel appearing for the respondent Nos.7 to 14 also submit th at the secret ballot procedure was not followed while taking decision relating t o want of confidence on the petitioner in the proceeding dated 13.04.2011 and he nce the Gaon Panchayat may be allowed to discuss the said motion afresh. Having regard to the aforesaid submission made by the learned counsel fo r the parties as well as the Full Bench judgment of this Court in Forhana Begum Laskar (supra), the impugned proceeding dated 13.04.2011 is set aside, as the mo tion expressing want of confidence against the petitioner was adopted without fo llowing the secret ballot procedure. The President of the Rupahi Anchalik Panchayat shall convene a meeting o f the Gaon Panchayat on a date to be fixed by him with due notice to all the mem bers including the petitioner to discuss the motion already brought against the petitioner expressing want of confidence on her which shall be done within 1(one ) month from today. The writ petition is accordingly allowed with the aforesaid directions. No costs.