Jain, J. -- 1. Being aggrieved by the judgment and order dated 14.5.2002 passed by learned Single Judge in Writ Petition No.1916/2002, the appellant, respondent in the writ petition, has preferred this appeal under Clause 10 of Letters Patent.

2. Facts, in brief, necessary for disposal of this appeal are stated thus:

The appellant Prabhudayal Patel was the Sarpanch of Gram Panchayat, Khejra Lakhrouni, against whom resolution of 'no-confidence motion' was passed on 5.12.2001. 12 out of 16 persons voted in favour of 'no-confidence motion' and four persons voted against it. The Presiding Officer held that no-confidence motion was duly carried out resulting in removal of the appellant from the post of Sarpanch.

3. Aggrieved by the resolution of 'no-confidence motion', the appellant preferred a revision petition under section 91 of Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as 'the Act'). In the revision, it was alleged that no-confidence motion was carried in violation of rule 4 of the Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Viruddh Avishwas Prastav) Niyam. 1