G.N. Ray, J. - (1.) In this writ petition, the petitioner, Shri Madan Mohan Thokdar as challenged the legality and validity the meeting of the Mokdarnpur Gram Panchayat held on 9th February, 1989 and has prayed for appropriate writs or directions restraining the members of the Gram Panchayat from giving any effect to the said resolution, thereby attempting to remove the petitioner as Pradhan of the said Gram Panchayat.
(2.) The writ petitioner, Shri Madan Mohan Thokdar, was elected Pradhan of the said Mokdarnpur Gram Panchayat. Some members of the said Gram Panchayat gave requisition to the Pradhan to convene the meeting for passing a resolution of non-confidence against the said Bradhan. Such requisition for convening the meeting for passing a solution of no-confidence dated 19th November, 1988 was challenged by the writ petitioner in an earlier writ petition before this Court, whereupon Civil Order No. 13208(W) of 1988 arose. It was contended by the writ petitioner that one of the members not having attended five consecutive meetings of the Gram Panchayat became disqualified to be a member of the Gram Panchayat and as such he was not entitled to give requisition for convening a meeting for taking a resolution of no-confidence against the Pradhan. It may be noted in this connection that eight members of the Gram Panchayat including the said member, who, according to the Pradhan, had failed to attend five consecutive meetings, signed the said requisition for convening a meeting of no-confidence against the said Pradhan and the validity of the membership of the said defaulting member therefore becomes very important in the matter of passing any resolution of no-confidence in view of the fact that the writ petitioner has contended that he enjoys the confidence of seven members of the Gram Panchayat and they also did not make any requisition for convening a meeting oil no-confidence. On the said writ petition,' an interim order was passed by this Court restraining the parties from convening any meeting pursuant to such requisition. An application for vacating the interim order was made by the members who signed who signed the' said requisition for convening the meeting of no-confidence and after a contested hearing the interim order was vacated on 20th December, 1988 and this Court directed the concerned Block Development Officer to consider the memo dated 29th October, 1988 submitted by the writ petitioner Shri Madan Mohan Thokdar for removal of the said member from the Gram Panchayat on the ground' of his failure to attend consecutive meetings. It was directed by this Court that such consideration should be made by 31st January, 1989. It, however, appears that such consideration is still pending and no decision has yet been taken about the removal of the said member.
(3.) As the petitioner viz. the Pradhan of the said Gram Panchayat failed and neglected to convene the meeting despite the requisition given by some of the members of the Gram Panchayat, the members of the said Gram Panchayat thereafter issued a notice for converting a meeting to consider the resolution of no-confidence against the Pradhan.;