SANDHAWALIA, J.

1. Whether a notice of no-confidence in the Pramukh or Up-Pramukh of a Panchayat Samiti envisaged by S.32 of the Bihar Panchayat Samitis and Zila Parishads Act, 1961, can be validly considered in a meeting held on a holiday - is the somewhat ticklish question necessitating this reference to the Full Bench. Equally at issue is the correctness of a Division Bench judgment in Kamlesh Roy V/s. Rudra Narain Rai AIR 1981 Pat 264 and a conflict of precedent within this Court on the point.

2. The facts are undisputed and lie in a narrow compass. Respondent No. 3 Baidyanath Prasad was elected the Pramukh of Belsand Panchayat Samiti some time the year 1979. A motion expressing want of confidence was proposed against him and notice requisitioning meeting of the members of the respondent Samiti signed by more than the requisite number of members was made over to the said respondent on the March, 1983, who, however, refused to receive the requisition. Consequently the, said requisition was presented to the Block Development Officer-Ex Officio Secretary of the Samiti, who forwarded the same to respondent No. 3 with an endorsement to call a special meeting for considering