( 1 ) RULE. Mr. Mengdey, learned AGP appears for Respondent No. 1 and waives service of notice of Rule. Mr. Munshaw, learned Counsel appearing with Mr. Gajendra Singh for Respondents No. 2, 3, and 4 waives service of notice of Rule. With the consent of the parties, the matter is taken up for final hearing today.

( 2 ) THE short facts of the case are that the petitioner was formerly holding the office of the President of Devgadh Baria Taluka Panchayat (hereinafter referred to as the "panchayat" for short ). On 25. 8. 2003, 14 elected members of the Panchayat submitted a motion of no-confidence against the President and Vice-President of Taluka Panchayat. It appears that after the motion was submitted, the petitioner proceeded on leave on 1. 9. 2003 and it is the case of the Taluka Development Officer that the meeting was required to be held for considering the motion of no-confidence and, therefore, the agenda was issued and the copy of the agenda was also affixed at the residence of the petitioner. However, as per the petitioner, the said place was not the residence of the petitioner and the petitioner was at the relevant point of time in hospital and it is the case