( 1 ) THE petitioner was elected to the post of Sarpanch of Gram Panchayat Guradiya Deda, District Mandsaur. In a meeting of the Panchayat held on 29-8-1983 a no-confidence resolution was passed against the petitioner. According to the petitioner, he preferred an appeal challenging the said resolution before the Sub-Divisional Officer. The appeal was dismissed on 28-11-1983 vide Annexure-B. Aggrieved thereby the petitioner filed this petition under Art. 226 of the Constitution, for quashing the resolution Annexure-A.

( 2 ) THE case was heard by a Division Bench which by separate orders expressed that the matter be referred to a larger Bench as it involves a re-consideration of an earlier order of Division Bench of this Court in Sojharmal Sawandas v. Municipal Council, Kharsia, 1964 MPLJ 293. Accordingly this Full Bench was constituted by Hon'ble the Chief Justice. In the petition the impugned resolution dt 29-81983 was challenged on different grounds, but at the time of hearing before us, learned counsel for the petitioner confined his challenge to the no confidence resolution on the ground that it was passed by voting by secret ballot.

( 3 ) ANNEXURE-A is the copy of the minutes o

Click Here to Read the rest of this document