WP(C) 3713/2010 BEFORE HON’BLE MR. JUSTICE ASOK POTSANGBAM Heard Mr. A.R. Sikdar, learned counsel apeparing for the petitioner and Ms. H.M. Phukan, learnedcounsel, appearing on behalf of the respondents. According to Mr. Sikdar, learned counsel for the petitioner, the petitioner has been elected as Vice President of Pazarbhanga Gaon Panchayat. After the Presiden t of the said Gaon Panchayat vacated her office on being voted out in a no confi dence of motion held on 12.10.2009, the petitioner was allowed to function as th e President of Gaon Panchayat on in-charge basis by an order dated 6.11.2009 iss ued by the Executive Officer-cum-BDO, Gamafulbari Anchalik Panchayat. As per the communication dated 9.6.2010 (Annexure-3), issued by the Sub-Divisional Officer (Sadar), Barpeta, the no confidence motion against the President in-Charge of the said Pazarbhanga Goan Pancyayat would be held on 30.6.2010, though the afore said communication gives the impression that the no confidence motion against th e President of the Pazarbhanga Goan Panchayat is being held. It must be clearly understood that the procedural safeguards as provided in the Assam Panchayat Act, 1994 and the rules framed thereunder in a no confidence pro ceeding, shall be applicable only to a regularly elected President. The safegua rds mentioned above shall not be applicable to a person holding the office of th e President on in-charge basis. In this view of the matter and on consideration of the fact that the petitioner is only holding the office of the President of the Pazarbhanga Goan Panchayat on in-charge basis, no case is made out for an interference of this court. The writ petition is accordingly dismissed as devoid of merit. A copy of this order be furnished to the learned Govt. Advocate for onward trans mission to SDO (Sadar), Barpeta.