Removal of Sarpanch or Up-Sarpanch of Gram Sabha is provided under Section 14 of the Ordinance, requiring a majority of two-third votes of members present in an ordinary meeting of the Gram Sabha.

( 1 ) THIS petition under Article 226 of the Constitution of India is directed against the order of the Collector, Rewa, respondent No. 2, removing the petitioner from the office of the Sarpanch of the Gram Panchayat, Choura,

( 2 ) IT appears that the petitioner recovered some donations, consisting of cash and kind, from the villagers of mauzas Sanori, Makarwat and Bara for the purposes of erecting Bhawans and Seed Go-downs for the use of the Gram Sabha. He thus collected Rs. 67/8 from 67 subscribers and 3 khan-dis, 12 kurai and 9 kurwa grain from 64 subscribers. He brought the matter to the notice of the Gram Panchayat at its meeting dated 29-10-1957 when the Gram Panchayat passed a resolution that as the amount was small for the purpose for which it was collected, it should be deposited for expenditure on Samaj Shiksha projects, and objections should be invited to the adoption of that course. The villagers of mauzas Makarwat and Sanori did not demur to the proposal but an objection was raised by certain persons of Mauza Bara, who did not want their donations to be switched over to educational purposes.

( 3 ) THE matter was, therefore, referred by the Gram Panchayat to the Niyat adhikari for advice and guidance. Meanwhile, respondent No. 3 made an application to the Collector, Rewa, against the petitioner. Thereupon, the petitioner received a notice dated 26-2-1958 from the Collector asking him why he should not be removed from the office of the Sarpanch of the Gram Panchayat. The petitioner submitted his explanation on 11-3-1958. The Collector, however, was not satisfied with his explanation and passed an order dated 6-5-1958 removing him from his office.

( 4 ) THE matter is governed by the Vindhya Pradesh Gram Panchayat Ordinance, 1949, and the rules made thereunder. The scheme of the Ordinance is that there is a general body called Gram Sabha which elects from amongst its members an executive committee called the Gram Panchayat. The number of members of a grarh Panchayat is determined by the Government and the Sarpanch and Up-Sarpanch of the Gram Sabha act as the Sarpanch and Up-Sarpanch respectively of the Gram Panchayat : see Sub-sections (1) and (2) of Section 12 of the ordinance. Section 14 prescribes the procedure for removal of the Sarpanch or the Up-Sarpanch of the Gram Sabha. It requires a majority of two third votes of the members present in an ordinary meeting of the Gram Sabha for removing the sarpanch or the Up-Sarpanch. There is no provision either in the Ordinance or the rules made thereunder for the election of any separate Sarpanch or Up-Sarpanch of the Gram Panchayat. It appears clear from Sub-section (2) of Section 12 that the members, whose number is fixed by the Government, are exclusive of the sarpanch and the Up-Sarpanch of the Gram Sabha, who by virtue of their office are entitled to be the Sarpanch and the Up-Sarpanch of the Gram Panchayat.

( 5 ) ADVERTING to the rules framed under the Ordinance, one finds that removal of a member, or panch or Sarpanch is provided under Rule 61. However, that rule is concerned with the removal of a member of a Gram Panchayat or a panch or a sarpanch of a Nyaya Panchayat only. It is clear from what has been stated above that the petitioner is none of these. The rules do not provide separately for the removal of a Sarpanch or an Up-Sarpanch of a Gram Panchayat. The reason is clear enough and that is that since there is no separate Sarpanch or up-Sarpanch for a Gram Panchayat, no provision was needed for removing him from that office. A Sarpanch or an Up-Sarpanch of a Gram Sabha can be removed in the manner provided in Section 14 of the Ordinance. If he is thus removed, then he automatically would cease to be the Sarpanch or Up-Sarpanch of the Gram panchayat. However, no such procedure was followed in the present case. 4 The collector had, therefore, no authority to remove the petitioner from the office of the Sarpanch of the Gram Panchayat. The order impug