G. M. LODHA, J.

( 1 ) THIS writ petition provides a typical example of attempt of an undemocratic sarpanch to flout majority verdict on the heels of legal technicalities.

( 2 ) BEFORE I proceed to give the facts of this case, it would be useful to mention in brief the historical concept of Panchayat institution.

( 3 ) THE age old concept of "panch Parmeshawara" Panch is God, which was prevalent in ancient India, disappeared completely during British rule in India. The institution of Panchayat Raj or Village Panchayat has been an institution existing from times Immemorial in this country but during British rule this institution collapsed.

( 4 ) THE Indian Independence of 1947 and its Constitution again revised the panchayat concept by placing it in the directive principles of State policy. The framers of the Indian Constitution, enacted Article 40 as follows:-" the State shall take steps to organise village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self Government. "

( 5 ) THE Community Development Programme was initiated in the country in 1952. In 1957, a committee on plan projects was appointed b