1. The two petitioners, in this writ petition, were elected as Pramukh and Up-Pramukh of Bikramganj Panchayat Samiti, District-Rohtas. They challenged the validity of no confidence motion as passed against them on 22.8.2009 (Annexure-10). The members eligible to vote in the Panchayat Samiti are sixteen and on that fateful date, twelve were present and all of them voted against the petitioners. Thus 75% of the members voted in favour of no confidence against the two petitioners. The challenge to the said proceeding is primarily on two grounds, firstly, that the said meeting is in contravention of Section 44(3)(iii) of the Bihar Panchayat Raj Act, 2006 and is thus liable to be set aside having been called within one year of rejection of no confidence motion and secondly that the meeting was not fixed within fifteen days of the requisition and there was no clear seven days notice of the date fixed for the meeting. Thus there was violation of Section 44(3)(i) and Section 46(4) of the Act. The meeting was thus invalidly called.

2. Heard the parties and with their consent this application is being disposed of at this stage itself.

3. The facts are not in dispute. On 28.7.2008 (A