(1.) Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.
(2.) The petitioners are challenging order dated 09.12.2011, passed by Divisional Commissioner, Aurangabad, in Appeal No. 104/2011, whereby the appellate authority allowed the appeal presented by Respondent No.4 herein and quashed and set aside the decision of village panchayat expressing no confidence against Respondent No.4, in a meeting dated 26.08.2011.
(3.) Respondent No.4 is the Sarpanch of village panchayat Futana. A motion of no confidence was moved against the Sarpanch by six members out of total strength of seven members, by presenting a requisition in that behalf on 20.08.2011 to the Tahsildar, Kalamnuri. The Tahsildar directed issuance of notice to the Sarpanch and convened a meeting for consideration of no confidence motion on 26.08.2011 at the office of village panchayat. The meeting was attended by six members, whereas, Respondent No.4 Sarpanch of village panchayat remained absent. The motion of no confidence was passed against Respondent No.4 by all the six members of village panchayat casting their vote in favour of the motion.