1. - This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 2.3.2004 with the prayer that by appropriate writ, order or direction, the notice dated 24.5.2003 (Annex. 3) by which no confidence motion was presented against the petitioner, letter Annex. 4 dated 24.5.2003 by which the respondent No. 3 Chief Executive Officer, Zila Perished, Churu forwarded the notice (Annex. 3) of no confidence motion moved against the petitioner to the Gram Sewak, Gram Panchayat, Lalasar Banirotan, Panchayat Samiti Churu with a request that action be taken against the petitioner under the provisions of Section 37 10 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as "the Act of 1994"), notice dated 24.5.2003 (Annex. 5) by which the respondent No. 3 Chief Executive Officer called the meeting on 9.6.2003 for considering the no confidence motion moved against the petitioner, letter Annex. 15 dated 10.2.2004 by which the respondent No. 1 State of Rajasthan directed the Divisional Commissioner, Bikaner to make re-enquiry in respect of respondents Nos. 6 to 9, namely, Sheesh Ram, Ram Niwas, Perna Ram and Guljari Lal Sharma respectively, letter Annex. 16 dated 19.2.2004, by which respondent No. 1 State of Rajasthan directed the respondent No. 3 Chief Executive Officer that meeting for consideration of no confidence motion against the petitioner be conducted in accordance with the provisions of the Act of 1994 and notice Annex. 17 dated 20.2.2004 by which the respondent No. 3 Chief Executive Officer called a meeting on 8.3.2004 for consideration -1 of no confidence motion against the petitioner, be quashed and set aside.

2. The case of the petitioner as put forward by him in this writ petition is as follows:-

The petitioner was duly elected Sarpanch of the Gram Panchayat Lalaser Banirotan, Panchayat Samiti, Churu in the year 1999 and that Gram Panchayat had one Sarpanch and nine ward Panchas.

According to the petitioner, the respondents Nos. 6 and 7, namely, Sheesh Ram and Ram Niwas got their third child after 27.11.1995 and therefore, as per the provisions of Section 19 of the Act of 10 1994, they were deemed to be disqualified and in this respect, complaints Annex. 1 and Annex. 2 dated 17.5.2003 were filed by one Sheesh Pal against the respondents Nos. 6 and 7 respectively. The further case of the petitioner is that when on the basis of the complaints Annex. 1 and Annex. 2, enquiry was being conducted against the respondents Nos. 6 and 7 and looking to the fact that enquiry might be concluded against them, therefore, the respondents Nos. 6 and 7 in collusion with other Panchas, presented a no confidence motion against the petitioner through notice Annex. 3 dated 24.5.2003 before the respondent No. 3 Chief Executive Officer and the respondent No.3 Chief Executive Officer through letter Annex. 4 dated 24.5.2003 forwarded the said notice Annex. 3 to the Gram Sewak with the request that action be taken against the petitioner under the provisions of Section 37 of the Act of 1994. The notice Annex. 3 and letter Annex. 4 have been challenged by the petitioner in this writ petition.

According to the petitioner, the respondent No. 3 Chief Executive Officer through notice Annex. 5 dated 24.5.2003 called the meeting on 9.6.2003 for consideration of no confidence motion against the petitioner, but since the petitioner complained to the Hon'ble Minister concerned through representation Annex. 6, therefore, the Director and Special Secretary to the Government, Panchayati Raj Department, Jaipur through order Annex. 7 dated 7.6.2003 ordered that proceedings of the meeting dated 9.6.2003 to consider the no confidence motion against the petitioner shall remain stayed till further orders. The notice Annex. 5 has also been challenged by the petitioner in this writ petition.

The further case of the petitioner is that the respondents Nos. 6, 7, 8 and 9 are also disqualified under t