Satish K. Agnihotri, J.

1. The respondent No. 1 was elected as Sarpanch of the Gram Panchayat Chhind, Tehsil Saragarh, District Raigarh in the election held on 15-1-2005. The no confidence motion was brought against the respondent No. 1 after issuance of notice on 31-3-2006. The Prescribed Authority, i.e., Sub Divisional Officer (Revenue), Sarangarh, while issuing notice, directed Shri K.S. Mandavi, the then Tehsildar, Sarangarh to preside over the meeting of no confidence motion, which was to be held on 13-4-2006 at 12 o'clock.

2. In the meantime, Shri K.S. Mandavi was transferred from Sarangarh and one Shri Sameer Nag joined the office of the Tehsildar, Sarangarh on 4-4-2006. By virtue of the order dated 31-3-2006, whereby Shri Mandavi, the then Tehsildar was authorized to hold the meeting, Shri Nag presided over the meeting of no confidence motion on 13-4-2006.

3. The no confidence motion against Sarpanch/respondent No. 1 was carried out by 16 votes out of 21 Panchas of the said Gram Panchayat and 5 Panchas voted against the no confidence motion. As the no confidence motion was carried out, the Sarpanch/respondent No. 1 was declared disqualified and the post of Sarpanch was de