WA 97/2010 BEFORE HON’BLE MR JUSTICE AMITAVA ROY HON’BLE MR JUSTICE CR SARMA Heard Mr Chaliha, learned Senior counsel for the appellant and Mr Ghosh, learned State counsel , Govt. of Assam for the official respondents. Mr Chaliha while impugning the judgment and order dated 8.3.2010 rendere d in WP( C) No.4866/2009, has sought to contend referring to the affidavit filed by the Respondent No.6 (President of Banskandi Anchalik Panchayat, District:Ca char) that as it would appear therefrom that the process of no confidence motion initiated by the requisition dated 29.6.09 had not been routed through him( Res pondent No.6) as mandatorily required under Section 15 of the Assam Panchayat A ct, 1994, the exercise got vitiated by an incurable infirmity at that stage not being capable of being saved or revived . The learned Senior counsel therefore has urged that the direction of the learned Single Judge to the jurisdictional Deputy Commissioner to take fresh steps for holding the no confidence motion is not tenable in law. As Mr Ghosh points out that this plea had not been taken before the lear ned Single Judge, it is not open to pursue the same in this appeal. Upon hearing the learned counsel for the parties, we are inclined to sus tain the objection raised on behalf of the official respondents. However, as we notice that the affidavit of the Respondent No.6 seems to support the stand of the appellant on this factual aspect, we leave him at his discretion and if so advised, to file an appropriate application before the learned Single Judge see king a reconsideration of the determination on the basis thereof. The appeal stands disposed in the above terms. No costs.