Hon’ble Ashok Bhushan, J.—This Full Bench has been constituted to answer the following two questions referred by a Division Bench noticing conflict in two Division Benches of this Court :

“ (1) Whether against the order/judgment of one judge passed in vacation exercising jurisdiction in cases which are cognizable by a Division Bench an special appeal under Chapter VIII Rule 5 of the Rules of the Court is maintainable?

(2) Whether the Division Bench judgment in Allahabad Galla Tilhan Vyapari Sangh, 25, Muthiganj and others, 1985 UPLBEC 1064 (supra) or Division Bench judgment in State of U.P. and others v. Smt. Meera Sankhwar and others, 2004 (4) AWC 3162, lays down the correct law?”

2. The facts of the case necessitating the reference briefly noted are that writ petition No. 26716 of 2008 was filed by the respondent No. 1 during summer vacations praying for order and direction in the nature of certiorari, quashing the notice dated 13/14th May, 2008 convening meeting of Kshetra Panchayat for consideration of no confidence motion against Pramukh of Kshetra Panchayat, Rang Bahadur Pandey. A mandamus was also sought for directing the opposite parties not to interfere in the workin