R. Subhash Reddy, J.

1. The Letters Patent Appeal No.543 of 2017 is filed by the appellant original petitioner, in Special Civil Application No.2508 of 2017, aggrieved by the order dated 03.04.2017 passed by the learned Single Judge. By the aforesaid order, the learned Single Judge dismissed the petition filed by the original petitioner.

1.1 The Special Civil Application was filed by the original petitioner under Article 226 of the Constitution of India with the prayers, which read as under :

"8 (a). YOUR Lord-SHIPS may be pleased to admit and allow the present petition;

(b). YOUR Lord-SHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the communication dated 10/2/17 at Annexure E and further be pleased to declare the action of the respondent authority issuing the notice for convening the meeting as unconstitutional and ultra vires Article 14, 16 and 243 of the Constitution of India and Gujarat Panchayat Act;

(c). YOUR Lord-SHIPS may be pleased to issue a writ of prohibition or a writ in the nature of prohibition, and any other appropriate writ, order or direction, prohibiting the Sankheda Gram Panchayat from convening the meeting pursuant to requisition dated 25.01.2017.

(d). Pending the admission and final hearing of the petition, YOUR Lord-SHIPS may be pleased to stay the further proceedings pursuant to the communication dated 25.01.2017.

(e). Ad interim reliefs in terms of para (d) may kindly be granted;

(f). ... ... ..."

2. The appellant herein is elected as Sarpanch of Sankheda Gram Panchayat of District Chhota Udepur, in the election held on 27.12.2016. The appellant - original petitioner was declared elected on 29.12.2016. Electorate of election was, qualified voters of village Panchayat. First meeting of the Panchayat was held on 16.1.2017, in which, Up-Sarpanch was elected. Election of Up-Sarpanch is in direct election. He is elected by the members of Panchayat and elected Sarpanch. It is the case of the appellant that second meeting was held on 24.1.2017, in which, only agenda was with regard to formation of Committees. Thereafter, on 25.01.2017, members of Panchayat, numbering 11 out of 14 members of Gram Panchayat moved no confidence motion against the appellant-Sarpanch. It is stated that Gram Sabha which was held on 26.1.2017, rejected such motion.

Thereafter, the members who had moved no confidence motion, who are impleaded as party respondents in the petition, have approached competent authority for convening the meeting to discuss No Confidence Motion against the appellant - original petitioner. Pursuant to such request, notice dated 10.2.2017 was issued for convening meeting on 17.2.2017 to discuss no confidence motion against the appellant. On receipt of the notice dated 10.02.2017, on 13.02.2017, the appellant has filed Special Civil Application and by order dated 14.02.2017, learned Single Judge granted interim relief, granting stay of further proceedings pursuant to communication dated 25.01.2017. Said interim relief granted by the learned Single Judge continued during the pendency of the petition and the Special Civil Application was dismissed, finally by the learned Single Judge vide order dated 03.04.2017. On filing Letters Patent Appeal, this Court has also granted interim relief in favour of the appellant.

3. Before the learned Single Judge, mainly it was case of the appellant that impleaded respondents have moved no confidence motion against her, immediately after first meeting, without giving any reasonable time to discharge, functions as Sarpanch. It was the case of the appellant that accountability and transparency in functioning of Sarpanch can only be assessed, if the elected Sarpanch is allowed to function for some time to discharge her/his duties and obligations' as required under Section 55 of the Gujarat Panchayats Act, 1993. It was the case of the appellant that as no conf