JUDGMENT - N.P. CHAPALGAONKER, J. :---Heard Shri S.R. Barlinge, Advocate for the petitioner, Shri S.A. Kulkarni, Advocate for the respondent Nos. 1 to 9 and Shri V.D. Sapkal, A.G.P. for respondent Nos. 10 and 12. Respondent No. 11 is deleted with the leave of the Court.

2.Petition raises a short question whether it is imperative on the part of the Presiding Officer to record the votes by ballot on a motion expressing no confidence of the Sarpanch under the Bombay Village Panchayats Act, 1958 in the absence of statutory rule to that effect.

3.In exercise of the powers under section 176 r/w section 33(2) of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as 'the Act' for the purpose of brevity), State Government has framed two different sets of Rules, one governing the election of the Sarpanch and Up-Sarpanch, established under the Act and the other governing the motion of no confidence against those functionaries. The first set of the Rules of 1964 specifically provides that voting shall be by show of hands, if, however, any member present in the meeting so demands the voting shall be by ballot. This specific provision in Rule 10(2) of the Bombay Village Panchayat (Sa

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