1. This writ petition under Article 226 of Constitution of India has been preferred by the 18 Panchas of Gram Panchayat, Dahida, Tahsil Sarangarh, District Raigarh, challenging the order passed by the Additional Collector, Raigarh on 28.06.2012 (Annexure P-19) allowing the reference filed by respondent No.6 Smt. Dokari Bai, the Sarpanch of Gram Panchayat, Dahida, u/s 21 (4) of the C.G. Panchayat Raj Adhiniyam (henceforth 'Adhiniyam ').

2. The facts of the case, briefly stated, are that respondent No.6 is the elected Sarpanch of the Gram Panchayat. On an earlier occasion, no confidence motion was passed against her, however, same was declared as illegal on the ground that the notice of no-confidence motion was dispatched only two days before the date of meeting. However, relying on the judgment of M.P. High Court in the matter of Kandhlal Patel Vs. State of M.P., 1999 (2) JLJ 109, it was directed that since the no-confidence motion has been set aside on technical grounds, the bar under section 21 (3)(iii) of the Adhiniyam 1993 against bringing another motion within one year would not apply in the case. This order was passed on 17.04.2012 in W.P(C). No.2932/2011.

3. The petitioner