K.B.N.SINGH, J.

1. In this writ petition the petitioner prays for quashing a resolution of no-confidence dated 7.10.1979, removing the petitioner from the office of Pramukh of Patepur Panchayat Samiti, a copy of which has been filed as Annex. 4.

2. The petitioners case is that on 10.03.1979 he was elected Pramukh of Patepur Panchayat Samiti, hereinafter referred to as "Samiti", by defeating respondent No. 4, Krishna Nandan Prasad Singh, and took oath of office on 11.03.1979 but later it was found that the oath of office administered to the petitioner was not in accordance with Sec. 71 of Bihar Panchayat Samitis and Zilla Parishads Act, 1961 (hereinafter referred to as "the Act"), and, therefore, the petitioner had again taken oath on 11.06.1979, as required u/s. 71. The petitioner has averred that respondent No. 1, Rudra Narain Rai, District Development Officer, Hajipur who happens to be the samdhi of respondent No. 4, did not take the defeat of his samdhi sportingly and soon after the election of the petitioner started pressurising respondent No. 2, Paras Nath Choudhary, Prakhand Vikas Padadhikari, Patepur, to see that a vote of no-confidence was passed against the petitio