WP(C) 4956/2011 BEFORE THE HON’BLE MR JUSTICE A.K. GOSWAMI. Heard Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Mr. H.R.A. Choudhury, learned senior counsel appearing for the Respondent Nos.11, 12, 13, 14, 15, 16, 17 and 18. Mr. J. Handique, learned counsel appears for the Responde nt Nos.1, 2, 3, 4, 5, 7 and 10. Having regard to the issues involved in this writ petition and broad consensus a rrived at between the parties, it is not considered necessary to issue notice on Respondent Nos.6, 8 and 9. The petitioner, who is the President of Nichinpur Gaon Panchayat has filed this application under Article 226 of the Constitution of India challenging the Requi sition Notice dated 1.8.2011 praying for calling a special meeting of No Confide nce Motion against him as well as the resolution adopted by the requisitionists in the special meeting for No Confidence Motion held on 22.8.2011. Mr. Mondal ha s drawn pointed attention of this Court to the resolution adopted to contend tha t the No Confidence Motion was carried not by process of secret ballot but by ra ising of hands, which is impermissible in view of the mandate of Section 18 (5) of the Assam Panchayat Act, 1994. This position of law that voting in a meeting of the Gaon Panchayat where No Confidence Motion is discussed, shall have to be decided by secret ballot has not been disputed by Mr. Choudhury, learned senior counsel appearing for the requisitionists. He submits that a fresh requisition will be made for a special meeting for No Confidence Motion against the petition er. The implication of submission of Mr. Choudhury is that no further steps are requ ired to be taken by the petitioner in terms of the requisition Notice dated 1.8. 2011. Mr. M.U. Mondal, learned counsel for the petitioner does not object to the stand of Mr. Choudhury regarding initiation of a fresh requisition for calling a spec ial meeting for discussing No Confidence Motion against the President in accorda nce with law. In view of the aforesaid submissions of the learned counsel for the parties, the resolution taken in the meeting dated 22.8.2011 is set aside with the observati on that the requisitionists may submit a requisition in accordance with law pray ing for calling a special meeting for No Confidence Motion against the petitione r. The writ petition stands disposed of in terms of the above.