D. N. Jha, J. - (1.) :-
(2.) RAJ Bahadur Shukla has filed this petition under Article 226 of the Constitution of India feeling aggrieved by the resolution of no confidence passed against him for removal from the post of Pradhan. It may be mentioned that in accordance with section 14 of the U. P. Panchayat Raj Act, 1947'a resolution was moved for no confidence against the petitioner. A meeting was called in accordance with rule 33-B of the Panchayat Raj Rules and after following the procedure laid down in Rule 33-B of the Panchayat Raj Rules framed under the U. P. Panchayat Raj Act the resolution of no confidence was put to vote. In all 342 members participated in the voting. 62 votes were secured by the petitioner and 279 votes were against the petitioner. That is to say that 279 persons voted for removal of the petitioner from the post of Pradhan. One vote was declared invalid. The petitioner has challenged this resolution on several grounds both on highly disputed questions of facts and questions of law. We only propose to deal with the questions of law as highly disputed questions of facts are not to be adjudicated in a petition under Article 226 of the Constitution. Moreover they are inconsistent with the documentary evidence explanatory.
(3.) LEARNED counsel for the petitioner contended that the quorum at the meeting was not in accordance with law. In this connection he placed reliance on Rule 33 of the Panchayat Raj Rules. This Rule prescribes quorum for convening the meeting of Gaon Panchayat. It may be mentioned that Gaon Panchayat and Gaon Sabha have been defined in the U. P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act). Section 2 (g) of the Act defines Gaon Sabha and Section 2 (h) of the Act defines Gaon Panchayat. Rule 35, therefore, relied upon by the learned counsel for the petitioner, is of no assistance to determine the question of quorum being Inadequate at the meeting held on 15-6-1984. It may be mentioned that the word 'quorum' has been used in Section 14 of the Act. The light for quorum is available in section 11 of the Act which reads as under ;- " 11. Meeting of Gaon Sabha-(1) Every Gaon Sabha shall hold two general meetings in each year, one soon after harvesting of the Kharif Crop (hereinafter called the Kharif meeting) and the other soon after harvesting of the Rabi Crop (hereinafter called the rabi meeting) ; Provided that the Pradhan at any time may, or upon a requisition in writing by the prescribed authority or by not less than one-fifth of the number of the members shall, within 30 days from the receipt of such requisition call an extraordinary general meeting. The time and place of all the meetings of the Gaon Sabha shall be published in the prescribed manner : Provided further that where the Pradhan fails to call a meeting as aforesaid the prescribed authority may do so within a period to be prescribed. (2) For any meeting of the Gaon Sabha one-fifth of the number of members shall form the quorum; provided that no quorum shall be necessary for a meeting adjourned for want of quorum. " ;