Nagendra Rai, J.

1. The two petitioners, who were duly elected as Pramukh and Up-pramukh, respectively, of Minapur Panchayat Samiti, have filed the present writ application for quashing the resolution dated 4-9-2001 (Annexure 4) taken in the meeting of the Panchayat Samiti in question, whereby no confidence motion has been passed against them by 21 votes.

2. The facts necessary for disposal of the present writ application are that on 19-6-2001, an election was held, in which petitioner No. 1 Chandeshwar Prasad was elected as Pramukh and petitioner No. 2 Krishnadeo Prasad was elected as Up-pramukh of the said Panchayat Samiti. They took charge of the aforesaid posts and started functioning thereon. It is to be stated that up-till now there is no devolution of power and function to the Panchayat Samitis. respondent No. 5, namely, Suresh Rai, a member of the said Panchayat Samiti, was the candidate for the post of Pramukh and was defeated. According to the petitioners, respondent No. 5 with a view to remove the petitioners started manoeuvring everything from the very beginning. He obtained signatures of some of the members and without asking the petitioner No. 1, who is Pramuk