B.P. Katakey, J.

1. This appeal is directed against the judgment and order dated 23.8.05 passed by the learned Single Judge in WP (C) No. 8284 of 2004, allowing the writ petition filed by the Respondent No. 6 herein, setting aside the proceeding of the meeting of Dimaruguri Gaon Panchayat, held on 25.10.04, adopting no confidence motion against him and also quashing the communication dated 28.10.04 issued by the Senior Block development Officer, Khagarijan Development Block directing the Respondent No. 6 to hand over the charge of the office of the President, on the ground of violation of the provisions of Section 15(1) and 15(2) of the Assam Panchayat Act, 1994 (for short 1994 Act).

2. The brief fact relevant for the purpose of the present appeal is that the Appellant herein along with seven members of Dimaruguri Gaon Panchayat issued a notice of no confidence against the Respondent No. 6/writ Petitioner, who was the President of the said Gaon Panchayat, under Section15 of the 1994 Act, with intimation to the Deputy Commissioner of Nagaon District. On 10.9.04 the Secretary of the Gaon Panchayat put up a note before the Respondent No. 6/writ Petitioner seeking his approval to