Hari Lal Agrawal, J.

1. The petitioner has obtained a rule from this Court as to why the meeting said to be convened on 19th March, 1981 to consider a motion of no confidence against the petitioner the Pramukh of the Panchayat Saraiti, Begusarai be not held illegal. The writ application was filed on the 18th March and the meeting was held on the 19th March, 1981 when a motion of no confidence against the petitioner was carried. The operation of the resolution was, however, stayed by this Court while admitting the application on 30-3-81.

2. The facts of the case are that the petitioner was elected the Pramukh of the Begusarai Panchayat Samiti on 24th March, 1979, consisting of 36 members. On 27-10-1980, 22 of its members filed a requisition for calling a meeting of the Samiti to consider the no confidence motion against the Pramukh on various charges against him. As would appear from the statements made in the counter affidavit filed on behalf of the respondents, the aforesaid requisition petition was handed over to the Secretary of the Panchayat Samiti on 28th October, 1980, who sent the same to the Pramukh under his letter dated 29-10-80, asking the petitioner to call for a special meeting for consideration of the motion failing which he (the Secretary) would himself call for a meeting within three days thereafter. The petitioner is said to have avoided to receive the said letter for a considerable time which was, however, ultimately received by him on 17th November, 1980. Thereafter the petitioner called for the meeting on 9-12-80 at 11 A.M. but issued notices of the meeting only to some of the members and not to all of them, particularly the requisitionists.

3. In the meeting convened on 9th December, 1980, under the Chairmanship of Ganesh Singh, the Mukhiya of Khamhar Panchayat, only 12 members of the Samiti including the petitioner, could be present half an hour after the time appointed for the meeting The Chairman, in view of this fact, thought that the meeting could not be held and he accordingly closed the meeting observing that the persons who were present opposed the motion of no confidence. It would do better to quote the relevant minutes of this meeting which read as follows:

11. baje din se baithak bulai gayl thi. 11.35 baje din tak sirf 12 hi weyakti upasthit bo paye, Isliye aaj ki karyawai par kisi parkar ka vichar vimarsh nahin ho saka. Atah aaj ki baithak samapt kiya jaye. Upasthit sadasyon ne awiswas prastao ka virodh kiya. Sd. Sabhapati (Adhyaksh) Oanesh Singh 9-12-80

In the counter-affidavit it has been further stated that in the meeting of 9th December, 1980 only one of the requisitionists Bhadai Sao was present and that it was not a legally and validly constituted meeting. The requisitionists moved the Collector of Begusarai against the conduct of the petitioner in calling for the meeting in a clandestine manner. An enquiry was held by the District Panchayat Raj Officer, Begusarai who supported the case of the requisitionists. The Pramukh was, therefore, instructed by the letter dated 3rd March, 1981 of the District Development Officer, Begusarai to convene a fresh meeting within seven days of the receipt of the same failing which, the Block Development Officer, who was also the Secretary of the Samiti, was asked to convene the meeting within three days thereafter. The Pramukh, however, did not carry out this direction and accordingly, the impugned notice was issued by the Block Development Officer fixing the date for convening the meeting on 19th March, 1981 (vide Annexure 3) which has been challenged by the petitioner.

4. Before, however, going to the points advanced in challenge of this notice and the subsequent meeting, the relevant provisions of the law may be noticed. Sec.32 of the Bihar Panchayat Samiti and Zila Parishads Act, 1961 (briefly, the Act) deals with the procedure to consider the matter of no confidence against the Pramukh or Up-Pramukh and according to Sub-section (1) thereof, a