SHUKLA, J. :- This case has come to us on a reference made by the Bench which admitted the writ petition and expressed the opinion that the Division Bench decision in Bhaiya Lal v. P. N. Tewari, 1970 All LJ 36 required reconsideration.

2. The admitted facts of the case are that the Town Area Committee of Gola Bazar (hereinafter called the Committee) district Gorakhpur is constituted by nine members and one Chairman. Thus, the total number of the members of the Committee is ten Out of the said members Noor Mohammad died in 1965 and a vacancy was declared which still remains unfilled. On 19-12-1969 five members of the Committee gave notice of their intention to move a motion of non-confidence against its Chairman (petitioner). The District Magistrate by his order dated 31-12-1969 fixed 19-1-1970 as the date for consideration of the motion of non-confidence. On the date fixed five members of the Committee were present in the meeting. The Munsiff, Bansgaon, district Gorakhpur, presided over the meeting. All the five members of the Committee who were present voted in favour of the motion of non-confidence and the Presiding Officer, relying on the ruling reported in 1970 All LJ 3