JUDGMENT

P. K. TRIPATHY, J. — Petitioner is the Sarpanch of Mahadev¬pali Grama Panchayat under Binka Police Station in the district of Sonepur. In this writ petition she has alleged that the proc¬ess of no confidence motion proceeded illegally and contrary to the provision of law and therefore the same should be set aside. In that context petitioner invited our attention to the following order passed on 05.08.2004 in Misc. Case No.7858 (in W.P.(C) No.7883 of 2004):

“As an interim measure, it is directed that no confidence motion scheduled to be held on 10th of August, 2004 may be al¬lowed to be held, but the result thereof shall not be given effect to without leave of the Court.”

She argued that, with a view to achieve the purpose of no confidence motion against the petitioner, the Tahasildar, Binka, being the officer authorized by the Sub-Collector to conduct the no confidence proceeding, allowed no confidence motion to proceed but subsequently destroyed the ballots already cast and issued fresh ballots. She alleged that in the meantime Ward Members were influenced and pressurised to support the no confidence motion. Petitioner stated that in the said process opposite party No.2 ma