JAGAT NARAYAN, J.—This is a petition under Art. 226 of the Constitution by one Bansidhar challenging the validity of a motion of no confidence which was declared to have been passed against him. The petition has been contested by 9 Panchas who voted for the no-confidence motion.

2. Under sec. 4 of the Rajasthan Panchayat Act, 1953 the strength * of the Panchayat has been determined at one Sarpanch and 12 Panchas. On the date of the no-confidence motion there were only 11 Panchas in the Panchayat, as one Panch named Ramsi had been removed under sec. 17(2). Nine Panchas voted for the motion of no-confidence. Sec. 19 lays down that a motion of no-confidence can only be said to be carried if it is carried by a majority of not less than 3/4th of the total number of members of the Panchayat including the Sarpanch,, but excluding the associate Panchas.

3. If the phrase "total number of members" signifies the total strength of the Panchayat as fixed under sec. 4 then before a motion of no-confidence can be said to have been carried 10 Panchas should vote for it. If on the other hand the phrase means the total number of members holding office for the time being then the motion of no-confidenc

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