JUDGMENT :

1. Rule returnable forthwith. With the consent of the learned advocate for the respective parties, the matter is taken up for final hearing today. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“13(A) This Hon’ble Court may be pleased to issue appropriate writ order or direction in the nature of mandamus or any other appropriate writ order or direction and be pleased to order to quash and set aside the impugned resolution, Annexure-D, dated 26.07.2019 by declaring the same as illegal, null and void.”

2. Facts in brief are as under:

2.1 The petitioner was an elected Sarpanch of Chuda Gram Panchayat. Chuda Gram Panchayat consisted of 19 elected members. It is the case of the petitioner that 10 elected members moved a Motion of No Confidence against the petitioner on 03.07.2019. The Motion of No Confidence was put to vote and in the aforesaid meeting 13 members voted in favour of the No Confidence Motion whereas 06 voted against motion.

2.2 The Motion of No Confidence was passed as prescribed under Section 56 by 2/3rd majority, and therefore, the petitioner was removed by virtue of the No Confidence Motion an