JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---Rule, returnable forthwith. Respondents waive service. By consent, the petition is taken up for final hearing.

2.By this petition under Article 226 of the Constitution, the petitioner has sought to impugn a decision of the Collector of Raigad and a decision rendered in appeal by the Divisional Commissioner, Kokan Division, rejecting the challenge preferred by the petitioner to a resolution of no confidence passed in the Village Panchayat of Pali in District Raigad. The grievance of the petitioner is that during the course of the meeting in the Village Panchayat, person who wished to speak on the resolution of no confidence were prevented from doing so by the Presiding Officer on the ground that the Rules only provide that an opportunity be given to the person against whom the no confidence motion is moved. The issue involved is whether the exclusion of the members of the Village Panchayat from participation in the debate on a motion of no confidence would be destructive of the fundamental principles underlying democratic functioning so as to render the consequent resolution of no confidence motion invalid.

3.On 10-12-1999, 5 members of the Vil

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