1. This order disposes of Writ Petition No.19078/2006 and Writ Petition No.18174/2006. Reference has been taken from Writ Petition No. 1 8174/2006.

2. Petitioner was elected Sarpanch of Gram Panchayat Pondi Khurd, District Katni. The said Gram Panchayat was constituted by 15 Panchas. A no-confidence motion was submitted against the petitioner which came up for voting on 15.9.2006. 11 Panchas voted in favour of no-confidence motion whereas 3 panchas voted against it. One vote was declared invalid. Since the no-confidence motion was not passed by 3/4th of the panchas present in voting, the same was rejected vide Annexure P-1, dated 15.9.2006. An appeal was preferred against it by respondent No.3 who was merely a Panch. It has been allowed vide the impugned order Annexure P-3, dated 24.11.2006. The learned Collector, Katni observed that the intention of the voter ought to have been ascertained and the same being ascertainable, the vote held to be invalid by the Presiding Officer could not have been rejected on technicality. The said vote was treated as valid in favour of no-confidence motion and accordingly, it was held that the no-confidence motion was passed by 12 votes.

3. Afore