C.P. Sen, J.

The petitioner by this petition under article 226 has prayed for quashing of the no-confidence motion passed against him as Sarpanch and for appropriate writs and directions.

The petitioner was elected as Sarpanch of Gram Panchayat, Naurja under the provisions of the M.P. Panchyats Act, 1962. Respondent No. 1 is the Gram Panchyat, Naurja, respondents 2 and 3 are the Collector and the State of Madhya Pradesh and the remaining respondents are the Panchas of the Gram Panchayat, there are in all 17 Panchas including the petitioner. Ramswaroop Dubey, acting as the secretary of the Gram Panchayat issued notices for a meeting to be held on 24-9-1981 to consider the no-confidence motion moved against the petitioner by the respondent No. 13 to 11 other Panchas. It appears that the meeting did not take place on that day and the aforesaid secretary re-issued notices on 30-9-1981 to consider the no-confidence motion on 10-10-1981 at 12 o'clock in the noon in the school building.

The meeting was held at the appointed time and place, the motion was carried, 9 Panchas in favour, 2 against with 6 abstentions. It may be mentioned here that the M. P. Panchayats Act, 1962 was repealed by the M. P. Panchayats Ordinance, 1981, on 24-4-1981, and the Ordinance was replaced by the M. P. Panchayats Adhiniyam, which came into force on 7-10-1981. The petitioner has challenged the no confidence motion on the following grounds. Firstly, it is non-est as not being ratified by the Gram Sabha as required under section 24 of the old Act, this vested right not being taken away under the new enactments in spite of repeal. Secondly, the notices served failed to give 7 days clear notice of the meeting as is mandatory under the rule and as such meeting was illegal and thirdly, the notices failed to mention the names of Panchas moving the resolution and the grounds thereof and the petitioner was not given reasonable opportunity to meet the same.

It appears that the Chief Executive Officer, Janpad Panchayat Gyaraspur, asked the petitioner on 20-10-1981 to handover charge as per direction of the District Panchayat Officer. This fact was brought to the notice of this Court by the petitioner by I. A. No. 3636/81, dated 5-11-1981, by I. A. No. 3665/81, dated 9-11-1981, the petitioner sought leave to amend the petition to urge the following additional grounds: -

( i ) There was no discussion in the meeting nor the petitioner was allowed to speak and it was held under duress.

( ii ) Notices to the Sarpanch and to Up-sarpanch were neither despatched nor delivered seven clear days before the meeting, and

(iii) The voting should have been by secret ballot.

The respondents 2 and 3 by their return dated 6-1-1982 submitted that as Gram Sabhas have been abolished under the new enactment and the old Act of 1962 and the rules framed thereunder repealed, there was no question of any ratification by a non-existing body; the notices were issued in accordance with Rules on 30-9-1981, they were all served by 2-10-1981, notices were despatched on 30-9-1981, 7 clear days before the meeting and it was not obligatory to serve the notices 7 clear days before the meeting, which was held in accordance with law and the procedure followed did not infringe any rule; the petitioner should have vacated his office immediately after the no-confidence motion was passed and so the petition be dismissed with costs.

The petitioner moved a second application for amendment of the petition by I. A. No. 787/82 dated 23-2 1982 seeking leave to urge following additional grounds:-

(a) The minutes of the meeting were not drawn by the Secretary but falsely afterwards on the dictation of Panchas opposed to the petitioner.

(b) By order dated 13-5-1981, the Chief Executive Officer of the Janpad Panchayat Gyaraspur made ad hoc appointment of Ram Swaroop as Secretary of the Gram Panchayat, Naurja, to work between 6th to 10th of each month but by order dated 25-9-1981, Panchayat and Shikha Sangathak, Gyaraspur,