N.K.SODHI, J.

1. Petitioner was elected Up-Sarpanch in January, 1995, of Gram Panchayat Uleta, Tehsil Ferozepur Jhirka, District Gurgaon. The term of of office on an Up-Sarpanch is five years unless he is removed earlier in the manner prescribed by Sec. 10 of the Haryana Panchayat Raj Act, 1994 (for short the Act). Counsel for the parties are agreed that the Gram Panchayat consists of seven Panches, one Sarpanch and an Up-Sarpanch. Five Panches moved a requisition dated 23-8-1995 before the Sub-Divisional Officer (C), Ferozepur Jhirka seeking removal of the petitioner from the office of Up-Sarpanch stating therein that they had no confidence in the petitioner. On receipt of this requisition the prescribed authority (Sub Divisional Officer) convened a meeting of the Gram Panchayat on 11-9-1997 after a lapse of more than two years. In this meeting, the same five Panches were present on whose requisition the meeting had been convened. They unanimously resolved by show of hands that the petitioner be removed from office of Up-Sarpanch as they had no confidence in him. On this resolution being passed, the prescribed authority passed an order on the same date i.e. 11-9-1997 that