Rule.

Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties.

2. The short question involved in the writ petition pertains to the legality or otherwise of the No Confidence Motion passed against the Sarpanch of the Village Panchayat when two separate notices were not issued in terms of Rule 2(1) of the Bombay Village Panchayat Sarpanch and Up-Sarpanch (Motion of No Confidence) Rules, 1975, though the members desired to move the motion of No Confidence against both, the petitioner-Sarpanch and also the Up-Sarpanch. The petitioner has raised several challenges to the No Confidence Motion but, the main challenge to the legality of the No Confidence Motion relates to the applicability of the provisions of Rule 2(1) of the Rules of 1975. It is the case of the petitioner that the members of the Panchayat desired to move a Motion of No Confidence against the petitioner Sarpanch and also the Up-Sarpanch but, a common notice was given by the members of the Gram Panchayat to the Tahsildar at Chikhaldara on 29.09.2008. It was not clear from the notice as to what allegations were levelled independently against the Sarpanc