Petitioner is an elected member and the vice president of the Kanjiramkulam Grama Panchayat, the 4th respondent, Smt.Sarasi Kuttappan, the 6th respondent herein, was the president of the above panchayat. A no confidence motion was moved against the president of the panchayat viz. the 6th respondent on 13.11.2001 and the majority of the members voted in favour of the motion and the motion was carried with the support of the majority members. Accordingly the 2nd respondent, the representative authorized by the Election Commission, who convened and presided over the above meeting, had sent the copy of the minutes of the meeting together with copy of the motion and the result of voting to the Government and also to the Election Commission as provided by law. On 15.11.2001 the 6th respondent filed a petition before the 1st respondent under sec.191 of the Panchayat Raj Act (for short, the Act) for rescinding the result of the no confidence motion describing it as a resolution passed by the panchayat. The 1st respondent by Ext.P3 order dt.5.12.2001 set aside the proceedings of the meeting held on 13.11.01. The petitioner and some other members of the Board challenged Ext.P3 order before this court by filing O.P.37349/01. The above O.P. was referred to the Division Bench. The Division Bench in Ext.P4 order dt.14.12.2001 observed that the order passed by the 1st respondent was not observing the mandate in sec.191(2) of the Act and held that in view of the no confidence motion being carried with majority of the members, the 6th respondent was not entitled to continue as the president. The matter when came up before the Division Bench again on 19.2.2002 passed Ext.P5 order treating Ext.P3 order passed by the Government only as a preliminary order and found that a final order has to be passed observing the provision under sec.191(2) of the Act. Accordingly the matter was referred to the Ombudsman for orders under sec.191(2) of the Act. While the matter was pending before the Ombudsman, the present 6th respondent filed O.P.9645/02. A Division Bench of this Court by Ext.R6(a) judgment dt.17.7.02 did not interfere with the matter and observed that the reference shall be disposed of by the Ombudsman as expeditiously as possible. Thereafter the 1st respondent passed Ext.P6 order rescinding the result of the majority of the members of the panchayat voting in favour of the no confidence motion. The above order, Ext.P6, is under challenge in this O.P.

2. Heard the learned counsel for the petitioner, the standing counsel for the Election Commission, the learned counsel for the 6th respondent and also the learned Government Pleader.

3. The important question for consideration is whether the State has the power or authority to rescind the result of the majority of the members voting in favour of a no confidence motion invoking sec.191 of the Act. Admittedly a no confidence motion was moved against the president of the panchayat viz. the 6th respondent in accordance with law and it was carried with majority members voting in favour of the no confidence motion. Admittedly the meeting held on 13.11.01 was presided over by the 2nd respondent, the representative authorized by the Election Commission, and the majority of the members voted in favour of the motion. When a motion is carried with majority members voting in favour of the motion, as per sec.157(12) of the Act, the president would cease to hold office as the president of the panchayat and the above seat shall stand vacant forthwith. The main argument advanced by the learned counsel for the petitioner was that sec.191 of the Act would authorize the 1st respondent to cancel or vary a resolution passed or decision taken by the panchayat on the grounds enumerated therein. It was further submitted that the announcement of the result of the no confidence motion was neither a resolution passed nor a decision taken by the panchayat and sec.191 could not have any application and as such the Sta