Malik, CJ.

[1] This case was referred to a Full Bench by a learned Single Judge, as in his view, an important question of law arose for decision which was likely to arise in other cases.

[2] A complaint was filed by one Sumaroo against Roop Narain and his two sons, Lachmi and Bhaggan, under certain sections of the Indian Penal Code. The Sarpanch constituted a Bench of five Panches whose names were Parshotam Dass, Chairman, Raghunath Prasad, Misri Lal, Harihar Prasad and Ram Lakhan. During the course of the proceedings, it appears that two of the Panches, Harihar Prasad and Ram Lakhan, were replaced by two new panches Bhagirathi and Ram Adhar Singh.

As regards Bhagirathi there is a paper on the file, paper No. 21 from which it appears that a report was made by Parshotam Dass, Chairman, and Misri Lal that Harihar Prasad was not in Banaras and that, therefore, some difficulty was felt in getting the quorum. On this report the Sarpanch passed an order that the only other panch available from the Gaon Sabha of one of the parties was Bhagirathi and, therefore, he was being appointed.

It was said by the learned counsel at the Bar that Ram Lakhan had fallen ill and he was replaced by