JUDGMENT D.N. JHA, J. 1. 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. 2. 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. 4. 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. 4. 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." Procedure for the resolution has been laid down in Section 14 of the Act and in the Rule 33-B of the Panchayat Raj Rules which read as under:- "Section 14. Removal of Pradhan or UP- Pradhan- (1) The Gaon Sabha may, at a meeting specially convened for the purpose and of which at least 15 days' previous notice shall be given, remove the Pradhan by a majority of two-thirds of the members present and toting. (2) A meeting for the removal of a Pradhan shall not be convened within one year of his election. (3) If the motion is not taken UP for want of quorum or fails for lack of requisite majority at the meeting, no subsequent meeting for the removal of the same Pradhan shall be convened within a year of the date of the previous meeting. (4) Subject to the provisions of this section, the procedure for the removal of a Pradhan, including that to be followed at such meeting, shall be such as may be prescribed. (4) Subject to the provisions of this section, the procedure for the removal of a Pradhan, including that to be followed at such meeting, shall be such as may be prescribed. "Rule 33-B-Procedure for removal of Pradhan or UP-Pradhan.-(1) A written notice of the intention to move a motion for removal of the Pradhan or UP- Pradhan under section 14 of the Act shall be necessary. It shall be signed by not less than one half of the total number of members of the Gaon Sabha and shall state the reasons for moving the motion and it shall be delivered in person by at least five members signing the note to the prescribed authority. (2) The prescribed authority shall convene a meeting of the Gaon Sabha, under section 14 of the Act, on a date to be fixed by him which shall not be later than thirty days from the date of the receipt of the notice. The meeting so convened shall be presided over by the Prescribed Authority or the person authorised by him in writing in this behalf. The Presiding Officer may take such clerical assistance for conducting the proceedings of the meeting for the consideration of the motion as he may deem necessary. (3) The Presiding Officer shall read to Gaon Sabha the notice received by him. He shall then allow the motion to be moved and discussed. Such discussion shall terminate on the expiry of two hours appointed for the commencement of the meeting unless it is concluded earlier. upon the conclusion of the debate or upon the expiry of said period of two hours, as the case may be, the motion shall be put to vote. Voting shall be by secret ballot. (4) The presiding officer shall not speak on the merits of the motion, nor shall he be entitled to vote thereon. (5) (i) (a) The ballot paper to be used at the voting shall be in such form as may be specified by the Director of Panchayats. The ballot paper may be handwritten, type written, cyclostyled or printed. (b) The ballot box to be used at the voting shall be of any of the types of boxes approved by the Election Commission under Rule 16 of the Representation of the People (Conduct of Elections and Election Petitions) Rules, 1956, for the purposes of Parliamentary and Assembly elections. The ballot paper may be handwritten, type written, cyclostyled or printed. (b) The ballot box to be used at the voting shall be of any of the types of boxes approved by the Election Commission under Rule 16 of the Representation of the People (Conduct of Elections and Election Petitions) Rules, 1956, for the purposes of Parliamentary and Assembly elections. (ii) (a) The Presiding Officer shall, immediately before the commencement of the voting, allow inspection of the ballot box to the members of the Gaon Sabhas who may be present in the meeting. (b) The Presiding Officer shall then secure and seal the box in such manner that the slit for insertion of ballot papers remains open. (iii) (a) The Presiding Officer shall be supplied by the Assistant District Panchayat Officer, a copy of the Adult register of the Gaon Sabha concerned. (b) Before delivering the ballot paper to a person entitled to vote, the Presiding Officer shall satisfy himself about his identity and for that purpose he may take the assistance of such persons as he may think fit. (c) If the Presiding Officer is not satisfied about the identity of any person, he may refuse to deliver a ballot paper to him after recording a brief note about the circumstances justifying such refusal. (iv) If any member after obtaining a ballot paper for the purpose of recording his vote decided not to use the same, he shall return the ballot paper to the Presiding Officer who shall mark it "returned and cancelled" and keep it in an envelope. (v) The polling compartment to be provided at the place of polling will be screened from observation. The member shall enter the same and if he wishes to vote for the motion for the removal, he shall make a mark on the ballot paper and if he wishes to vote against the motion he shall make no mark on the ballot paper. He shall then fold the ballot paper and put it into the ballot box through the slit provided for the purpose. The ballot box shall be kept in view of the Presiding Officer. (vi) If owing to physical incapacity a person is unable to make a mark on the ballot paper, the Presiding Officer shall, on being so requested by the person concerned record the vote on the ballot paper according to his direction. The ballot box shall be kept in view of the Presiding Officer. (vi) If owing to physical incapacity a person is unable to make a mark on the ballot paper, the Presiding Officer shall, on being so requested by the person concerned record the vote on the ballot paper according to his direction. The person concerned then himself or with the assistance of the Presiding Officer fold it so as to conceal the vote and insert it in the ballot box. The Presiding Officer shall have this done with as such secrecy as is feasible and shall keep a brief record of each instance without indicating whether the vote has been cast in favour of the motion or against it, (vii) As soon as the poll is closed, the Presiding Officer shall proceed to count in the following manners the votes cast in favour or against the motion in the presence of the Pradhan or UP- Pradhan concerned and the members presenting the notice who may be present on the spot ; (a) The Presiding Officer shall open the ballot box and take out therefrom the ballot papers and examine them; (b) The Presiding Officer shall reject a ballot paper, if it bears any mark or writing by which the voter can be identified, or if it is a spurious ballot paper, or if it has been so damaged or mutilated that its identity as genuine ballot paper cannot be established; (c) The Presiding Officer shall ascertain the number of valid votes cast in favour of and against the motion. (viii) The Presiding Officer shall then declare the result of the voting. The motion shall be deemed to have been carried only when it has been passed by a majority of two-third of the members present and voting. If the Presiding Officer declares the motion as carried, the Pradhan or UP- Pradhan, as the case may be, shall cease to function forthwith. (ix) If the Presiding Officer apprehends breach of peace in counting of votes, he shall seal UP the slit of the ballot box and also allow the Pradhan or the UP- Pradhan concerned and the members presenting the notice who may be present, to seal the same. The Presiding Officer shall announce the date, time and place for the counting of votes and shall forthwith inform the prescribed authority. The Presiding Officer shall announce the date, time and place for the counting of votes and shall forthwith inform the prescribed authority. He shall also make necessary arrangement for the safe custody of the ballot box. (6) (a) After the counting of all ballot papers contained in the ballot box has been completed, the Presiding Officer shall cause all such ballot papers to be kept in a separate packet on which shall be indicated such particulars as will identify the name of Gaon Sabha to which the ballot papers relate. (b) An account of the ballot papers found in the box shall be recorded in a statement. (c) The proceedings of the meeting shall be recorded by the Presiding Officer who shall, unless he is himself the Prescribed Authority also, forward a copy thereof together with a copy of the motion, result of the voting thereon, marked copy of the electoral roll and other connected papers to the prescribed authority immediately after the declaration of the result of voting. (7) If the motion has been carried, the prescribed authority shall fix a date on which charge shall be handed over in the presence of the official appointed in this behalf by the prescribed authority. (8) In the case of removal of the Pradhan, charge shall be handed over to the UP- Pradhan and in the case of removal of the UP- Pradhan charge shall be handed over to the Pradhan. If the Pradhan or the UP- Pradhan fails to hand over charge, the transfer of charge shall be effected through the police." From the perusal of Annexure-4 it would be evident that compliance of Rule 33-B had been observed by the Presiding Officer. So far as the no confidence motion is concerned it was in consonance with the requirement of Section 14 of the Act. The learned counsel for the petitioner argued that only thumb impressions had been obtained which were fictitious and some dead persons had voted. All these questions are irrelevant. No written protest had been made to the authorities by the petitioner. The petitioner also urged that the ballot box was not sealed. Except the bald assertion in the writ petition there is nothing before us to show that any protest had been lodged by the petitioner in writing to the authorities. All these questions are irrelevant. No written protest had been made to the authorities by the petitioner. The petitioner also urged that the ballot box was not sealed. Except the bald assertion in the writ petition there is nothing before us to show that any protest had been lodged by the petitioner in writing to the authorities. It would not be out of place to mention here that in order to maintain the writ petition under Article 226 of the Constitution the petitioner has indulged in making false assertions in order to convince the Court that every one had acted with bias and there was a planned conspiracy to oust the petitioner. We are not impressed with such bald assertions which are not borne out from the record. On giving our anxious consideration to the entire facts of the case we are of the view that the petition is entirely devoid of merit and it would have been in the fitness of the things that a person who was elected by the people ought to have walked out of the office when the overwhelming majority had been against him. 5. IN view of the aforesaid discussions the petition fails and is dismissed. Petition dismissed.