Dhirendra Mishra, J.

1. With the consent of the parties, the matter was heard finally.

2. The petitioners by the instant petition under Article 226 of the Constitution of India have impugned the order of Annexure P-6 dated 14-12-2007 passed by Upper Collector, Baloda Bazar, Distt. Raipur whereby the reference under Section 21 (4) of the Panchayat Raj Adhiniyam, 1993 (for brevity 'the Act of 1993') filed by the respondent No. 6, Sarpanch, has been allowed and the resolution of 'No Confidence Motion' dated 27-8-2007 passed in the meeting of Gram Panchayat Bhawanipur, has been set aside.

3. The undisputed facts are that the respondent No. 6 is elected Sarpanch of Gram Panchayat Bhawanipur. The 'No Confidence Motion' was submitted against her by twelve members of the Panchayat before the Prescribed Authority, i.e., Sub-Divisional Officer, Baloda Bazar, respondent No. 4 herein, on 6-8-2007. The matter was posted on 13th August, 2007 and on that date it was directed to convene a meeting of the members of the Panchayat on 27th August, 2007. Naib Tehsildar, Palari, respondent No. 5 herein, was appointed as Presiding Officer for the above meeting to consider the 'No Confidence Motion' aga