Judgment M.R. Shah, J.—Leave to amend. 1.0 By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction or order directing the respondent authorities to comply, obey and implement the order dated 12.04.2010 passed by the Appellate Committee of the Bharuch District Panchayat and to direct the concerned respondents to give the charge of the Sarpanch of Bholav Gram Panchayat to the petitioner forthwith. 2.0 Facts leading to filing of the present Special Civil Application in nut-shell are as under: 2.1 Petitioner was the Sarpanch of Bholav Gram Panchayat. That No Confidence Motion was moved against him and the same was passed in meeting which was convened on 03.03.2009. That being aggrieved and dissatisfied with passing of a No Confidence Motion against the petitioner, petitioner preferred Revision Application before the State Government who vide order dated 28.04.2009 held in favour of the petitioner and declared that the No Confidence Motion passed against the petitioner was contrary to the provisions of Gujarat Panchayat Act (hereinafter referred to as “Act, 1993”). That the order passed by respondent No. 1 State Government dated 28.04.2009, came to be challenged by some members of the Bholav Gram Panchayat by way of Special Civil Application No. 4436/2009 and the learned Single Judge (Coram: D.A. Mehta, J. as he then was) allowed the said Special Civil Application and quashed and set aside the order passed by the Revisional Authority dated 28.04.2009 by observing that the Revisional Authority could not have exercised jurisdiction in light of statutory scheme of appeal before the Appellate Committe of the District Panchayat provided in Sections 242 to 244 of the Act,1993 however, leaving it open to the petitioner to approach the Appellate Authority and seek appropriate relief. It appears that thereafter the petitioner preferred an Appeal before the Appellate Committee of District Panchayat against the resolution passed by the Gram Panchayat, Bholav to pass No Confidence Motion against the petitioner. It appears that in the said Appeal, the petitioner also submitted an application for interim stay and the proceedings of District Panchyat, Bharuch vide order dated 02.07.2009 granted stay in favour of the petitioner till the Appellate Committee meets and decides the appeal of the present petitioner (Copy of such stay order is not placed on record). It appears that in the said Appeal, the petitioner also submitted an application for interim stay and the proceedings of District Panchyat, Bharuch vide order dated 02.07.2009 granted stay in favour of the petitioner till the Appellate Committee meets and decides the appeal of the present petitioner (Copy of such stay order is not placed on record). It appears that thereafter the petitioner wrote a letter to respondent No. 4 on 08.07.2009 permitting the petitioner to work as Sarpanch of the village Panchayat. It appears that Taluka Development Officer, Bharuch passed an order dated 08.07.2009 informing the petitioner that the charge of the Sarpanch of Bholav Gram Panchayat should be handed over to the Deputy Sarpanch. That the petitioner preferred Special Civil Application No. 11846/2009 before this Court seeking direction that the respondent authority should not restrain the petitioner from performing as Sarpanch of Bholav Gram Panchayat and requested to quash and set aside the order dated 02.07.2009. That the said Special Civil Application came to be disposed of by this Court by order dated 01.12.2009 as the Appeal of the petitioner was pending and this Court directed the Appellate Committee to decide and dispose of the said Appeal within a period of six months. It is the case on behalf of the petitioner that thereafter the Appeal of the petitioner has been disposed of by the Appellate Committee of the District Panchayat, Bharuch vide order dated 12.04.2010, by which the Appellate Committee has allowed the said Appeal of the petitioner and has quashed and set aside the No Confidence Motion dated 02.03.2009 passed against the petitioner, however, the concerned respondents are not allowing the petitioner to perform his duties as a Sarpanch and is not giving charge of the Sarpanch to the petitioner and therefore, the petitioner has preferred the present Special Civil Application for the aforesaid reliefs. 2.2 That the aforesaid Special Civil Application came to be dismissed by the learned Single Judge by observing that it will not be proper to implement the order dated 12.04.2010 by way of petition and the petitioner has alternative efficacious remedy available by way of preferring the contempt application for implementing the said order. It appears that thereafter petitioner initiated contempt proceedings by way of Miscellaneous Civil Application No. 2658/2010. It appears that thereafter petitioner initiated contempt proceedings by way of Miscellaneous Civil Application No. 2658/2010. It appears that before the Division Bench, it was contended on behalf of the concerned respondents that as such Appellate Committee has already taken the decision on dated 12.04.2010, however, as the same is not signed by the Secretary of the Appellate Committee, he has given a descend note and therefore, the order dated 12.04.2010 is not given effect to. Therefore, it was submitted that as such they have not committed contempt of the Court. The Division Bench accepted the above and disposed of the said Micellaneous Civil Application No. 2658/2010 by observing that merely because the order dated 12.04.2010 is not signed by the Secretary of the Appellate Committee, would not result into non-compliance of the directions of this Court. The Division Bench also further observed that if the decision of the Appellate Committee is not enforced or implemented, such grievance cannot be validly raised in the jurisdiction of this Court under the contempt of Court’s Act. While disposing of the said contempt petition, the Division Bench also observed that if any appropriate proceedings are initiated for enforcement of the order of the Appellate Committee, which is said to have been passed, the rights and contentions of both the sides shall remain open. 2.3 It appears that simultaneously the order passed by the learned Single Judge dated 20.09.2010 in the present Special Civil Application also came to be challenged before the Division Bench by way of Letters Patent Appeal No. 133/2011 and the Division Bench vide order dated 07.02.2011 has been pleased to allow the said Letters Patent Appeal and has been pleased to quash and set aside the order dated 20.09.2010 passed in present Special Civil Application No. 5904/2010 and has remitted the case to this Court for decision on merits. That is how the present Special Civil Application is placed on board before this Court and is heard by this Court. 3.0 Shri Majmudar, learned advocate appearing on behalf of the petitioner has vehemently submitted that Appellate Committee of the District Panchayat is constituted under Section 243 of the Act, 1993, which shall consist of President of the Panchayat and four other members of the Panchayat as may be chosen by the Panchayat from amongst its members. 3.0 Shri Majmudar, learned advocate appearing on behalf of the petitioner has vehemently submitted that Appellate Committee of the District Panchayat is constituted under Section 243 of the Act, 1993, which shall consist of President of the Panchayat and four other members of the Panchayat as may be chosen by the Panchayat from amongst its members. Therefore, it is submitted that it is the Appellate Committee consisting of such members who have to take a decision and who have taken the decision on 12.04.2010. It is submitted that the order passed by the Appellate Committee of the District Panchayat, Bharuch dated 12.04.2010 is not implemented solely on the ground that the Secretary has not signed the said order as he has given the descend note. It is submitted that as such the Secretary of the District Panchayat has to perform only ministerial act and he has no power and/or jurisdiction to adjudicate the matter and/or opine anything on merits of the Appeal and infact he has no jurisdiction to submit a descend note on merits of the Appeal. It is submitted that considering Rule Nos.6 and 7 of the Gujarat District Panchayat Appeal Committee (Procedure) Rules, 1995 (hereinafter to referred as “Rules, 1995”), the Secretary has to perform only ministerial act such as sending the notices for hearing and to sign the notices and whatever the order is passed by the Appellate committee, the same shall be send under his signature. It is submitted that except what is provided under Rule 7, the Secretary of the Panchayat is not required to perform any other duties more particularly the adjudication of the Appeal on merits. Therefore, it is submitted that the action of the respondents in not implementing the order dated 12.04.2010 though the same is a decision by the Appellate Committee of District Panchayat by unanimous decision solely on the ground that the same is not signed by the Secretary requires to be quashed and set aside and the Secretary of the District Panchayat, Bharuch is required to be directed to send the said order to the concerned parties after signing the same as Secretary of the Panchayat as provided under Rule 7 of the Rules and thereafter to implement the same. 4.0 Shri Arpit Kapadia, learned advocate appearing on behalf of the District Panchayat, Bharuch is not in a position to dispute the decision dated 12.04.2010 of the Appellate Committee of District Panchayat, Bharuch and that it is an unanimous decision. However, he has submitted that as the Secretary has not signed the said order and has given his descend note as according to him the order passed by the Appellate Committee is illegal and was passed by the outgoing Committee with a malafide intention and therefore, the said order is not implemented and/or given effect to. It is further submitted by him that even by the so called order dated 12.04.2010, it has been decided by the Appellate Committee of the Panchayat to continue the petitioner as a Sarpanch. However, by the said order, it was also decided to pass a separate order for the same which is not passed yet. Therefore, it is submitted by him that whatever the order passed by this Court shall be obeyed by the District Panchayat. 5.0 Shri V.C. Vaghela, learned advocate has appeared on behalf of respondent No. 6 who is the Deputy Sarpanch and incharge of the Sarpanch of Bholav Gram Panchayat. It is submitted that as it is found by the Secretary that the decision of the Appellate Committee of District Panchayat dated 12.04.2010 to continue the petitioner as Sarpanch is absolutely illegal and contrary to the provisions of the Act, 1993 and Rules, 1995, the Secretary has rightly given his descend note and has rightly not signed the same and therefore, unless and until the order is signed by the Secretary, the same cannot be an order by the District Panchayat, as per Rule 7 of the Rules and therefore, the same is rightly not implemented. It is submitted that even as per the decision of the Appellate Committee of District Panchayat, Bharuch dated 12.04.2010, only a formal decision was taken by the Appellate Committee to continue the petitioner as the Sarpanch and thereafter a further order was to be passed to that effect, however, no further order has been passed and therefore, the further order is required to be passed by the District Panchayat which can be subject to challenge before the revisional authority and/or before this Court. 6.0 Heard the learned advocates appearing on behalf of respective parties at length. 6.0 Heard the learned advocates appearing on behalf of respective parties at length. 7.0 The short question which is posed for consideration of this Court is whether the Secretary of the Appellate Committee of the Panchayat has any jurisdiction not to sign the order of the Appellate Committee of the District Panchayat on the ground that the decision of the Appellate Committee of the District Panchayat is illegal and/or contrary to the provisions of the Act, 1993? 7.1 For deciding the aforesaid question, the relevant provisions of constitution of the Appellate Committe of the District Panchayat and the procedure to be followed by the Appellate Committee is required to be considered. Appellate Committee of the District Panchayat is to be constituted as per Section 243 of the Act, 1993. As per Section 243 of the Act, 1993 notwithstanding anything contained in Section 245, the Appellate powers conferred on a District Panchayat under Sections 104, 200 and 241 shall be exercisable by an Appellate Committee of the District Panchayat, which shall consist of the President of the Panchayat and four other members of the Panchayat as may be chosen from the Panchayat from amongst its members. As per Sub-section (2) of Section 243 of the Act, 1993, the President of the Panchayat shall be ex-officio Chairman of the Appellate Committee and the term of the Appellate Committee shall be two years. Under Sub-section (5) of Section 243, the State Government shall make rules consistent with this Act to regulate the procedure that the Appellate Committee shall follow in exercising its appellate powers and such rules may provide for ....(a) the sitting members of the Committee in Benches constituted by the President or such other member of the Committee as is authorized by him; and (b) the board in settling the differences of opinion which may arise between the members of a Bench. As per Sub-section (7) of section 243, any decision given by the Appellate Committee in exercise of powers conferred on it by Section 243 shall be deemed to be the decision of the District Panchayat. As per Sub-section (7) of section 243, any decision given by the Appellate Committee in exercise of powers conferred on it by Section 243 shall be deemed to be the decision of the District Panchayat. Section 243 of the Act, 1993 reads as under: Appeal Committee to exercise appellate power of district panchayats.—(1) Notwithstanding anything contained in Section 245, the Appellate powers conferred on a District Panchayat under Sections 104, 200 and 241 shall be exercisable by an Appellate Committee of the District Panchayat, which shall consist of the President of the Panchayat and four other members of the Panchayat as may be chosen from the Panchayat from amongst its members. (2) The President of the Panchayat shall be ex-officio Chairman of the Appellate Committee (3) The term of the Appellate Committee shall be two years. (4) The State Government shall make rules consistent with this Act to regulate the procedure that the Appellate Committee shall follow in exercising its appellate powers and such rules may provide for— (a) the sitting members of the Committee in Benches constituted by the President or such other member of the Committee as is authorized by him; and (b) the board in settling the differences of opinion which may arise between the members of a Bench. (6) The appellate powers as aforesaid shall include power to grant temporary injunction or to issue a direction to stay the execution of the decision or order appealed against until the disposal of the appeal or to make such other interlocutory orders as may be appear to be just and convenient and such power may be exercised by the Chairman of the Appeal Committee. (7) Any decision given by the Appellate Committee in the exercise of the powers conferred on it by this section shall be deemed to be the decision of the district panchayat. 7.2 It appears that in exercise of powers under Sub-section (5) of Section 243, the State Government has framed the Rules which are known as the Gujarat Panchayat Appeal Committee (Procedure) Rules, 1995. Under Rule 3 of the Rule, 1995, a District Panchayat is required to designate an officer of the Panchayat to act as Secretary of the Committee. 7.2 It appears that in exercise of powers under Sub-section (5) of Section 243, the State Government has framed the Rules which are known as the Gujarat Panchayat Appeal Committee (Procedure) Rules, 1995. Under Rule 3 of the Rule, 1995, a District Panchayat is required to designate an officer of the Panchayat to act as Secretary of the Committee. As per Rule 5, as soon as an Appeal is received, the District Development Officer is required to endorse thereon the date of its receipt and pass on the Appeal to the Secretary and after the Secretary is satisfied that the Appeal conforms to the provisions of the Clause I and II of Sub-rule (5) of Rule 5, he may place the Appeal before the Appellate Committee for hearing. If the Appeal is barred by limitation, in that case also, the Secretary may, with the approval of the committee, register an Appeal as provided under Sub-rule (2) of Rule 5. Thereafter, following the procedure as required under Rule 5, the Appeal is to be placed before the Appellate Committee for hearing and as per Rule 6, the Appeal shall be heard when all the three members of the Committee are present. Rule 7 of the Rules provide for procedure to be followed by the Committee. As per Rule 7 of the Rules, after an Appeal is admitted, the Secretary with the approval of the Chairman shall cause a written notice to be delivered personally or send by registered post to the appellant in form ‘B’ specifying the date, time and place on which the Appeal shall be heard. Like notice shall also be given to the village or as the case may be taluka panchayat against whose decision the Appeal is preferred and to other respondents, if any, in like manner and such notice shall be accompanied by a copy of memorandum of appeal. As per Clause ‘B’ of Rule 7, the Chairman may also direct its Secretary to call for all material records and any papers which may be necessary for deciding the Appeal. Clause ‘C’ of Rule 7 provides how to decide Appeal by the Appellate Committee. As per Clause ‘B’ of Rule 7, the Chairman may also direct its Secretary to call for all material records and any papers which may be necessary for deciding the Appeal. Clause ‘C’ of Rule 7 provides how to decide Appeal by the Appellate Committee. As per Clause ‘d’ of Rule 7, the order to be passed by the committee in pursuance of Clause ‘C’ shall be passed in the name of District Panchayat and shall be signed by the Secretary and a copy of the order passed shall be supplied to the appellant so far as may be, in person or if this cannot be done for any reason whatsoever, shall be send to him by registered post. Rules, 3, 5, 6 and 7 of the Rules, 1995 are as under: 3. Secretary of the Committee.—The District Panchayat shall designate an officer of the Panchayat to act as Secretary of the Committee. 5. Resignation of appeal.—(1) As soon as an appeal is received the District Development Officer shall endorse thereon the date of its receipt and pass on the appeal to the Secretary. The Secretary, shall, as soon as possible satisfy himself that :— i. the person presenting has authority to do so: ii. it conforms to the provisions of section 244 and section 104, 200 or as the case may be, 242 and these rules. (2) if the appeal conforms to the provisions of Clauses (i) and (ii) of Sub-rule (1) of if there are any defects in the appeal and if the Secretary is satisfied that such defects are of a minor nature he shall cause it to be registered in a register to be maintained for the purpose in Form A: Provided that the Secretary may, with the approval of the Committee register an appeal preferred under section 242 even though the period of limitation for preferring such appeal specified in Sub-section (2) of section 242 has elapsed, if he is satisfied that on account of non-communication of the order or decision of the panchayat to the appellant, the appellant was not aware of such order or decision and hence could not prefer the appeal within the said limitation period but has preferred the appeal within period of thirty days from the date he became aware of such order or decision. (3) If the Secretary finds that the appeal so presented does not conform to any of the provisions of Clauses (i) and (ii) of Sub-rule (1), he shall:— (i) where the defects to be remedied are not of a minor nature, with the approval of the Chairman, return the appeal with an endorsement specifically pointing out such defect; and (ii) where the appeal contains defects of minor nature, with the approval of the Chairman, by a separate letter, specifically point out such defects and shall call upon the appellant or his agent to remedy or explain such defects within a period of fifteen days from the date of receipts of such letter, if the appellant or his agent fails to remedy or explain satisfactorily the defects within the said period, the Secretary shall place the appeal before the committee for decision on merits and the defects remaining so unremedied shall be taken into consideration by the committee at the time of hearing of the appeal. (4) The Secretary may with the approval of the Chairman also call upon the appellant to furnish within the specified period as many additional copies of the memorandum of appeal together with its accompaniments as he may consider necessary for supply to the respondents and other persons if any or if required otherwise. If the appellant does not furnish the additional copies, the committee may reject the appeal. 6. Appeal to be heard when all the three members are present.—An appeal shall be heard when all the three members of the Committee are present. 7. Procedure to be followed by the Committee in the exercise of its appellate powers under section 104, 200 or 242.—(a) After an appeal is admitted, the Secretary with the approval of the Chairman shall cause a written notice to be delivered personally or sent by registered post to the appellant in Form B specifying the date on which and the time and place at which the appeal shall be heard. A like notice shall also be given to the village or as the case may be taluka panchayat against whose decision the appeal is preferred and to other respondents, if any, in like manner and such notice shall be accompanied by a copy of the memorandum of appeal. A like notice shall also be given to the village or as the case may be taluka panchayat against whose decision the appeal is preferred and to other respondents, if any, in like manner and such notice shall be accompanied by a copy of the memorandum of appeal. (b) The chairman may also direct its Secretary to call for all material records any papers which may be necessary for deciding the appeal. (c) If the appellant on whom the notice is served under Clause (a) does not appear either by himself or through his duty authorised agent or any person authorised by him for the purpose, on the day fixed for hearing or any other day to which the hearing may be adjourned, the Committee may decide the appeal ex-parte or in such manner as it may think fit. In other cases, if the evidence on record is sufficient to enable the Committee to decide the appeal, the Committee may, after hearing the parties, present record its decision in writing together with a full statement of the grounds thereof. If however, the Committee considers it to be necessary to examine any witness or require any document to be produced in order to enable it to delete the appeal, it may examine such witness or require such documents to be produced and then, after hearing the parties, record its decision in the manner specified above. (d) The order to be passed by the Committee in pursuance of Clause (c) shall be passed in the name of the District Panchayat and shall be signed by the Secretary. A copy of the order so passed shall be supplied to the appellant so far as may be, in person or if this cannot be done for any reason whatsoever, shall be sent to him by registered post. A copy of such order shall also be sent in the like manner to the respondent village or as the case may be, taluka panchayat and other respondents, if any, and in a case where the appeal was against the decision or order of a village panchayat a copy of such order shall also be sent to the taluka panchayat to which such village panchayat is subordinate. 7.3 In the present case, the Deputy District Development Officer has been appointed as Secretary of the Appellate Committee of the District Panchayat, Bharuch. 7.3 In the present case, the Deputy District Development Officer has been appointed as Secretary of the Appellate Committee of the District Panchayat, Bharuch. Considering the aforesaid provisions, it appears that it is the Appellate Committee of the District Panchayat constituted under Section 243 of the Act, 1993 which has to adjudicate and decide the appeal on merits in consonance with the provisions of the Rules, 1995, more particularly, Rule 7 reproduced herein above and it will be the decision of the Appellate Committee of the District Panchayat which is required to be signed by the Secretary. Thus, considering the aforesaid provisions, it can be safely said that the Secretary of the Panchayat has no any adjudicatory power and/or cannot decide and/or opine anything on merits of the Appeal. A Secretary has to sign the order passed by the Appellate Committee of the District Panchayat and thereafter it can be treated as a decision of the Panchayat. Even if the Secretary of the Panchayat is of the opinion that decision of the Appellate Committee of the Panchayat is erroneous and/or illegal, he has no jurisdiction to opine on merits of the case and on merits of the decision of the Appellate Committee and he cannot refuse to sign the order of the Appellate Committee. On considering the provisions of the Rules and the procedure to be followed, it appears that a Secretary has to perform only ministerial duties as provided under Rule 5 of the Rules and under Clause ‘d’ of Rule 7 of the Rules. Beyond that the Secretary has no other jurisdiction and/or power. Otherwise, the Secretary would be exercising powers which is not vested in him and it will be giving a Vito power to the Secretary against the decision of the Appellate Committee of the District Panchayat who are not less than three members. Therefore, the action of the Secretary of the Appellate Committee of the District Panchayat, Bharuch not to sign the order of the Appellate Committee of District Panchayat decided on 12.04.2010 and to give a descend note on merits of the order of the Appellate Committee of District Panchayat, which cannot be sustained. Therefore, the action of the Secretary of the Appellate Committee of the District Panchayat, Bharuch not to sign the order of the Appellate Committee of District Panchayat decided on 12.04.2010 and to give a descend note on merits of the order of the Appellate Committee of District Panchayat, which cannot be sustained. 7.4 Now, so far as the prayer of the petitioner to direct the concerned respondents to act as per the order of the Appellate Committee of the District Panchayat, Bharuch dated 12.04.2010 and to direct the concerned respondents to give charge of the Sarpanch of the Bholav Gram Panchayat to the petitioner and to allow the petitioner to perform duties as a Sarpanch of Bholav Gram Panchayat is concerned, from the proceedings of the meeting of the Appellate Committee of District Panchayat dated 12.04.2010, which is produced on record, it appears that as such what is produced on record is minutes of the meeting dated 12.04.2010 which cannot be said to be order passed under Section 243 of the Act and as such it is a proceeding of the meeting of the Appellate Committee of District Panchayat, Bharuch in which by resolution No. 6, the decision has been taken to continue the petitioner as the Sarpanch and it has also been decided to pass a separate order. Thus, as per the said decision of the Appellate Committee of the District Panchayat, Bharuch recorded in the minutes of the proceedings dated 12.04.2010, a further order is required to be passed by the Appellate Committee of the District Panchayat on an Appeal preferred by the petitioner which is required to be signed by the Secretary as provided under Clause ‘d’ of Rule 7. Therefore, as such straightway no relief can be granted to the petitioner directing the respondents to give charge to the petitioner of a Sarpanch of a Bholav Gram Panchayat and to permit the petitioner to perform its duties as Sarpanch of the Bholav Gram Panchayat. Therefore, as such straightway no relief can be granted to the petitioner directing the respondents to give charge to the petitioner of a Sarpanch of a Bholav Gram Panchayat and to permit the petitioner to perform its duties as Sarpanch of the Bholav Gram Panchayat. However, considering the minutes of meeting of the Appellate Committee of the District Panchayat, Bharuch dated 12.04.2010, a direction can be issued to the Appellate Committee of the District Panchayat to pass a formal order on the Appeal preferred by the petitioner which shall be signed by the Secretary which is to be treated as a decision of the District Panchayat and copies of which is required to be send to the concerned parties so that the aggrieved party can challenge the same before the revisional authority and/or before appropriate forum. 8.0 In view of the above and for the reasons stated above, petition succeeds in part and it is directed that the Appellate Committee of the District Panchayat, Bharuch shall pass a further order on Appeal preferred by the petitioner considering the decision of the Appellate Committee of District Panchayat, Bharuch as recorded in minutes of meeting of the Appellate Committee of District Panchayat, Bharuch held on 12.04.2010 and the same shall be done within a period of four weeks from the date of receipt of present order and as and when such an order is passed, the same shall be signed by the Secretary of the Appellate Committee of the District Panchayat immediately as required under Clause ‘d’ of Rule 7 of the Rules, 1995 and same may be treated as a decision of the District Panchayat as provided under section 243 of the Act and thereafter the copy of the same shall be sent to all the concerned parties. If any person is aggrieved by the said decision, the same can be challenged before the revisional authority and/or appropriate forum which can be considered in accordance with law and on merits. However, the aforesaid exercise shall be completed within a period of six weeks from the date of receipt of present order. Rule is made absolute to the aforesaid extent. No costs. P P P P P