( 1 ) A short but an interesting question arises in this writ petition. The question relates to the meaning and scope of Clause (5) (viii) of Rule 33-B, U. P. Panchayat Raj Rules, 1947 ("rules" ). Rule 33-B provides for removal of the elected Pradhan. Clause 5 (viii) thereunder provides that the no-confidence motion shall be deemed to have been carried only when it has been passed by a majority of two-thirds of the members "present and voting. " The question is whether "present and voting" mean only "present and casting valid votes and not invalid votes". The decision of this Court in Roop Narain Pandey v. State of U. P. , 1984 All LJ 879 has taken the view that it is only the valid votes that should count. The correctness of this decision has been doubted by a division Bench which has referred this case to a larger Bench. That is how the matter is now before us.

( 2 ) THE facts are these Petitioner was an elected Pradhan of Gaon Sabha, Mirpur Sitapur of district Saharanpur. On 27-9-1983, a meeting was convened for considering a no-confidence motion against him. There were, in all, 314 members of the Gaon Sabha present in the meeting. Out of them, 207 voted in