Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties. By this petition, the petitioner impugns the order of the Tahsildar and the Special Officer dated 5th November, 2012 declaring that the no confidence motion moved against the respondent-woman Sarpanch had failed as it was not carried by two third majority.

In a special meeting conducted for the purpose of considering a no confidence motion against the respondent No.1- woman Sarpanch, 5 out of the 7 members of the Panchayat voted in favour of the motion. Since, the provisions of Section 35(3) provide that a motion against a woman Sarpanch is required to be carried by a majority of not less than ¾th of the total number of members who are entitled to sit and vote at the special meeting, by applying the provisions of sub section (3) of Section 35, the Tahsildar held that the motion moved against the respondent No.1-Sarpanch had failed as the motion was not carried by ¾th majority. The petitioner has impugned the order of the Tahsildar in the instant petition. It is submitted on behalf of the petitioner by placing reliance on the judgments reported in (20