1. Petitioner seeks the relief of quashing the decision by Presiding Officer as contained in Annexure P-l holding that no-confidence motion moved against Sarpanch of Gram Panchayat Shri Ram Mani Patel was not carried by requisite majority in accordance with the provisions of section 21 of M.P. Panchayat Raj Adhiniyam, 1993 (for short 'the Act').

2. Petitioner submits that in all 21 Panch as voted including Sarpanch and Up-sarpanch. The total votes cast in favour of no-confidence motion were 15 and the votes cast against no-confidence motion were 6. The petitioner submits that the post of the Sarpanch against who no confidence motion was moved could not be taken into consideration for arriving at requisite figure of majority of the Panchas present and voting and for the time being constituting the Gram Panchayat as per section 21 of the Act. Petitioner submits that the 'Sarpanch' against whom the no-confidence motion was moved was not a 'Panch' of the Gram Panchayat concerned since Ram Mani Patel was directly elected as Sarpanch of. Gram Panchayat Dahuli, Tahsil Churhat, District Sidhi. Petitioner submits that Gram Panchayat has been constituted of 20 Panchas and one Sarpanch and for the purpose of computing the strength of Panchas under section 21 of the Act Sarpanch has to be excluded. Thus, the no-confidence motion was carried by majority of not less than 3/4th Panchas present and voting and such majority wm more than 2/3rd of the total number of the Panchas constituting Gram Panchayat for the time being.

3. Learned counsel for respondent No.5 Ram Mani Patel submits that the submission of the petitioner is untenable. No-confidence motion was not carried out as required under section 21 of the Act as Sarpanch has to be treated as the person constituting the Gram Panchayat and he has a right to vote and his vote has to be counted for arriving at the strength as mentioned under section 21 of the Act of not less than 3/4th and more than 2/3rd of the total number of the Panch as constituting the Gram Panchayat.

4. In order to appreciate the submission, it is necessary to have a look into the definition of Gram Panchayat. Under section 2 (vii) 'Gram Panchayat' means a Gram Panchayat established under sub-section (1) of section 10. Section 10 provides for the establishment of Gram Panchayat, Janpad Panchayat and Zila Panchayat. There shall be a Gram Panchayat for every village specified as a village for the purposes of this Act under section 3. Every Gram Panchayat, Janpad Panchayat and Zila Panchayat shall be body corporate by the name specified, therefor in the order under section 3 for village or notification under section 10 for Janpad Panchayat and Zila Panchayat as the case may be having perpetual succession and a common seal as per section 11. Section 13 provides for constitution of Gram Panchayat. Sub-section (1) of section 13 provides that every Gram Panchayat shall consist of elected Panchas and a Sarpanch. Section 17 deals with the election of Sarpanch and Up-sarpanch. In every Gram Panchayat there shall be a Sarpanch and an Up-sarpanch. A person who is qualified to be elected as a Panch can be Sarpanch or Up-sarpanch. Further qualifications are also prescribed.

5. Section 21 deals with a no-confidence motion against Sarpanch and Upsarpanch. Under sub-section (2) of section 21 a Sarpanch or an Up-,sarpanch, as the case may be, shall have a right to speak at, or otherwise to take part in, the proceeding of the meeting. Under sub-section (1) of section 21 on a motion of no-confidence being passed by the Gram Panchayat by a resolution passed by majority of not less than three fourth of the panchas present and voting and such majority is more than two third of the total number of Panchas constituting the Gram Panchayat for the time being the Sarpanch or Up-sarpanch against whom such motion is passed, shall cease to hold office forthwith.

6. Section 44 of the Act provides the procedure of meeting and conduct of business of a