BHASKAR BHATTACHARYA, ACTG.C.J.-By this writ petition, the writ petitioners, two in number, one being a Sarpanch against whom a notice of 'no-confidence' has been issued and the other, a citizen of India, who is a member of Scheduled Caste, have challenged the provisions of Sec. 56 of the Gujarat Panchayats Act, 1993 ('the Act', hereinafter) as 'ultra vires' the Constitution of India. The challenge is limited only to the case of a Sarpanch under the Scheduled Caste category elected in the reserved office of Sarpanch.

2. The case made out by the writ-petitioners may be summed up thus:

2.1. A Notification for constitution of Kob Gram Panchayat was issued on December 10, 2011. Election Notification and the programme for Gram Panchayat election were also issued on December 10, 2011. The petitioner No. 1 contested the election for the office of Sarpanch of village Kob reserved for Scheduled Caste and he was declared duly elected.

2.2. For completing the constitution of Kob Gram Panchayat, a meeting of the Gram Panchayat was convened under the notice dated January 10, 2012. The petitioner No. 1 being the Smpanch, presided over the meeting, which was held on January 17, 2012, and one