Dharmadhikari, J. -- (1) In the course of deciding this writ petition on merits which was filed to assail the 'No- Confidence Motion' passed against the petitioner as elected Sarpanch of Gram Panchayat, Koora, Hon. Justice Dipak Misra J., sitting singly found that in construing the provisions of section 21 of the M.P. Panchayat Raj Adhiniyam, 1993 and analogous provisions of the repealed Act as also Sub-Rule (3) of Rule 3 framed thereunder have been differently construed in several Single Bench decisions of this Court (INFRA) and in these decisions earlier division bench decision of this Court in Gayasuddin v. Gram Panchayat (1971 JLJ 286) was not noticed. The learned Judge also found that the decision of this Court in Akbar Khan v. S.D.O. Mandleswar [(1997) 2 Vidhi Bhasvar 284] was not noticed in Sharda Bai v. State of M.P. [1998 (1) JLJ 399 = (1997) 2 MPLJ 291]. The learned Single Judge, therefore, has made this reference to the Full Bench for resolving the cleavage of opinions expressed by several benches of this Court on the import and effect of the provisions contained in Section 21 of the Act and Sub-Rules (3) of Rule 3 of the Rules.

2. We have heard learned counsel Shri