S.K. MAL LODHA, J.—This is a petition under Art. 226 of the Constitution by Hukam Singh, secking the following reliefs:

(1) that no-confidence motion Ex. P. 10 dated Feb. 14, 1983 passed against him may be quashed ;

(2) that non-petitioner No. 2 Collector, Pali may be directed to convene meeting in accordance with the provisions of law;

(3) that sub-sec. (3) of sec. 39 of the Rajasthan Panchayat and Zila Parishad Act (No. XXXVII of 1959) (for short the Act herein) may be declared null and void.

2. Initially facts first. The petitioner is the Sarpanch of Gram Panchayat Digarna and as such is a member of Panchayat Samiti, Jaitaran, which consists of 35 members. He was Up pradhan of the Panchayat Samiti, Jaitaran. It has been stated that a no-confidence motion Ex. P2 dated January 11, 1983 was presented on January 25, 1983 and was delivered to the Collector, Pali (non-petitioner No. 2). Non-petitioner No. 2 Collector, Pali issued notice to the Panchayat Samiti, Jaitaran on January 29, 1983. The notices were also issued to the co-opted members of the Panchayat Samiti, Jaitaran After receipt of the notice, the petitioner filed S.B. Civil Writ Petition No. 375 of 1983 for restraining non pet

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