JUDGMENT

S.C. Agrawal, J.-These matters raise common questions relating to the validity of the provisions contained in Section 14 of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act ) in so far as the said provisions provides for removal of the Pradhan of a Gram Sabha by a majority of two-thirds of the members of the Gram Panchayat present and voting.

2. The Act was enacted by the U.P. Legislature to establish and develop Local Self-Government in the rural areas of the State and to make better provision for village administration and development. The Act amongst other things makes provision for establishment and constitution of Gram Sabhas and Gram Panchayats, election of Pradhans and Up-Pradhans of Gram Sabhas and members of Gram Panchayats and removal of Pradhans and Up-Pradhans. The election to the office of the Pradhan or Up-Pradhan of a Gram Sabha and a member of a Gram Panchayat is required to be held by secret ballot in the manner prescribed (Section 12A). Under the U.P. Panchayat Raj Rules, 1947 (hereinafter referred to as the Rules ) the Pradhan is elected by the members of the Gram Sabha, i.e, all persons whose names are for the time being included in