MC 1635/2011 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr NNB Choudhury, learned counsel for the applicants as well as Mr MA Shei kh, learned counsel for the writ petitioner. Also heard Mr J Handique, learned s tate counsel appearing for the respondents in the writ petitioner. The applicants who are the respondent nos.5 to 10 and 12 in WP(C) no.242 9/2011 are praying for vacation/ modification of interim order dated 9th May 201 1 passed in the writ petition, whereby and where under the order dated 2nd May 2 011 issued by the Block Development Officer, Chamaria block development directin g the writ petitioner to vacate the office of the President of the 46 no. Rangap ani gaon-panchayat had been stayed, on ground that though under section 15 of th e Assam Panchayat Act 1994 a no-confidence motion is required to be passed by no t less than two-third members of a gaon-panchayat, in this case, of the 10(ten) members, 6(six) were in favour of the motion and as such it does not constitute two-third majority. Learned counsel for the applicants submitted that few members of the gao n-panchayat could not attend the meeting held on 19.2.2011 because of non-issuan ce of notice upon them and non-intimation about the date fixed for consideration of the no-confidence motion and as such could not participate in the said meeti ng. It is not disputed that 6(six), out of the total 10(ten) members, had vo ted in favour of the resolution expressing want of confidence and as it does not constitute two-third members of the total 10-member Board, I am of the prima fa cie view that there was infraction of the provisions contained in Section 15(1) of the Assam Panchayat Act, for which the interim order dated 9th May 2011 was p assed. In view of above, I do not find any ground to vacate and/or modify the i nterim order passed. Miscellaneous application stands dismissed.