1. The petitioner has filed the present petition challenging the resolution dated 24.6.2017 as well as letter dated 28.6.2017 issued by the Sub Divisional Officer, Shahdol by which the petitioner has been removed from the post of Sarpanch after passing no-confidence motion.

2. Brief facts of the case are that the election of Village Panchayat Chandrapur, Janpad Panchayat Burhar, District Shahdol was conducted in the year 2015 and thec petitioner has been elected as Sarpanch of the said Gramc Panchayat. On 25.2.2015, the Sub Divisional Officer has published a notification under section 90 thereby declaring the petitioner as elected for the post of Sarpanch. The petitioner, thereafter, performing her work properly and without any complaint. The Secretary of the Gram Panchayat has committed some irregularity with the fund of Gram Panchayat. The petitioner has, therefore, raised an objection with respect to that irregularity, therefore, the elected Panch of the Gram Panchayat has submitted a notice of no-confidence motion of Sarpanch in the month of January, 2017. After receiving the notice of no-confidence, the prescribed authority has fixed the date for meeting in Gramsabha on 31.01.2017 as per the Madhya Pradesh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpand Panchayat Tatha Jila Panchayat Ke Adhyaksh Tatha Upadhyaksh Ke Virudh Avishwash Prastav) Niyam, 1994. However, the said resolution was withdrawn by the Gramsabha. Thereafter, in the month of June the Panch of the Gram Panchayat has again submitted a notice to no-confidence before the prescribed authority against the petitioner. On 9.6.2017 the Tahsildar and officers were appointed for conducting the meeting of no-confidence, which has been fixed on 24.6.2017 at 11:00 am at Panchayat Bhawan and it was also directed to convey information about the meeting to all the Panch of the Village Panchayat and for Sarpanch i.e. petitioner. Accordingly, the Chief Executive Officer of Janpad Panchayat Burhar has sent a copy of notification under format 26-A under section 90 of the M.P. Panchayat Election Rules, 1995 before his office. The prescribed authority, thereafter, has issued the notices to all the Panch of Village Panchayat along with the petitioner. In the said notice, the date of meeting is not mentioned. After service report by the Secretary of Village Panchayat, the Secretary has submitted a letter regarding the service of notice of no-confidence motion to the petitioner before the Sub-Divisional Officer, in which he has stated that the notice to no-confidence has been served to the petitioner on 21.6.2017, whereas, meeting is fixed for 24.6.2017. A Panchnama is also submitted before the prescribedc authority. Thereafter, on 24.6.2017 meeting was conducted in the Gram Panchayat Bhawan for no-confidence motion and a resolution was passed against the petitioner by 11/3 votes. After passing of the no-confidence motion against the petitioner, the Sub-Divisional Officer vide letter dated 28.6.2017 has directed the Chief Executive Officer of Janpad Panchayat Burhar to conduct the fresh election as per section 38(B) of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (here in after referred to as the 'Adhiniyam'). Being aggrieved by that resolution as well as letter dated 28.6.2017, the petitioner has filed the present petition.

3. Learned counsel appearing on behalf of the petitioner submits that the entire action of the respondents in passing the no-confidence motion against the petitioner is illegal and contrary to law. He submits that the petitioner has been elected as Sarpanch in the year, 2015 and as per Rule 90 of the Panchayat Election Rules, 1995, no-confidence motion cannot be called out before two and half year from the date on which Sarpanch has been elected. In the present case, the petitioner has been elected as Sarpanch on 25.2.2015 and the process of no-confidence motion has been initiated against the petitioner in the month o