( 1 ) IN the present petition, the petitioner who was an elected Sarpanch of Bechar-Becharaji Gram Panchayat has challenged the resolution of no confidence motion passed against her on 3rd November 2003. The petitioner has also challenged the order dated 15. 9. 2004 passed by the Joint Secretary, Panchayat, Rural Housing and Rural Development Department, Government of Gujarat, by which the revision application filed by respondent No. 6 against the order passed by the Appeal Committee of the District Panchayat, Mehsana was allowed.

( 2 ) SHORT facts leading to the present petition can be noted at the outset. (1) The petitioner was an elected Sarpanch of Bechar-Becharaji Gram Panchayat (hereinafter to be referred to as the Gram Panchayat ), election for which was conducted on 7th April 2002. The result of the election was declared on 10th April 2002 and the petitioner assumed office of the Sarpanch of the Gram Panchayat on 1st May 2002. A notice of no confidence motion was issued by some of the members of the Panchayat on 6. 10. 2003. In the said notice which was jointly signed by several members of the Gram Panchayat, it was stated that since the administration of the Gram Panchayat is not being properly conducted, the members wish to bring in a motion of no confidence against Sarpanch Smt. Geetaben Bharatbhai Patel. The Talati-cum-Mantri upon receipt of the notice of no confidence motion dated 6. 10. 2003 conveyed to the petitioner about such a proposal asking her to call a meeting of the members of the Panchayat within 15 days. Accordingly, a Special General Meeting was scheduled on 3rd November, 2003 to transact the business of proposal of no confidence motion against the petitioner. On 3. 11. 2003, the meeting was convened at the office of the Gram Panchayat wherein 17 members of the Panchayat remained present. It is the case of the petitioner that during the meeting without affording an opportunity to the petitioner to speak at the meeting, the Chairman of the meeting i. e. Up-Sarpanch asked the members who were present to indicate their vote by raising their hands. The petitioner opposed the procedure and sought permission to speak at the meeting. She was, however, denied the opportunity to address the members. Eventually, voting took place wherein 14 members cast their votes in favour of no confidence motion and 2 members voted against the motion. It may be noted that the Panchayat comprises of 17 members. (2) The petitioner challenged the proceedings of the meeting dated 3rd November 2003 before this Court by filing Special Civil Application No. 15636 of 2003. This Court after issuance of notice to the respondents disposed of the petition on 17th February 2004. In the said order dated 17. 2. 2004, the learned Judge of this Court noted the rival contentions with respect to the conflicting averments regarding the opportunity being given to the petitioner to speak at the Special General Meeting on 3rd November 2003 and to address the members present. The learned single Judge observed in para 9 of the said order that disputed questions of fact arise in the petition. The question which has to be decided is whether the petitioner was permitted to exercise the right of addressing the members of the Panchayat when the no confidence motion was being discussed. It was observed that unless the said disputed question of fact is decided, the petition cannot be decided and ordinarily disputed questions of fact are not being entertained by this Court. The learned Judge finding that the appeal is maintainable against the resolution passed by the Panchayat relegated the petitioner to appellate remedy and provided that if appeal is filed within 15 days from the date of the order, the appeal shall be entertained on merits and disposed of within a reasonable period of time. (3) The petitioner accordingly preferred an appeal before the Appeal Committee of the District Panchayat, Mehsana. The Appeal Committee considered the r