JUDGMENT : Ravi Ranjan, J. 1. Heard parties and perused the records of the case. 2. Through this writ application, the petitioner seeks direction to the respondent no. 2 for not conducting the election of Pramukh and Up-pramukh of Purvi Champaran Panchayat Samiti, 16, Kalyanpur, till the election of members of Panchayat Samiti, Kalyanpur from the Territorial Constituency Nos. 10 and 11, for which the polling was earlier made on 30.05.2016 but the election was countermanded by the State Election Commission. 3. At the time of hearing of this writ application, the petitioner has not pressed I.A. No. 6045 of 2016. 4. It is contended on behalf of the petitioner that unless the Panchayat Samiti is completely constituted, election of Pramukh or Up-pramukh should not take place as it would deprive the concerned candidates of Constituency Nos. 10 and 11 from participating in such election. It has been urged that the election of the concerned Constituencies were held earlier, however, election was countermanded on technical grounds which was challenged by filing C.W.J.C. No. 9627 of 2016 and other analogus matters. However, the election which was to be held on 01.07.2016 was directed to be held only after following the rules and inviting objections etc. vide judgment dated 30.06.2016 passed in aforesaid writ applications, but that election could not be conducted till date. 5. It is further contended that the Panchayat Samiti has to be constituted in terms of Section 34 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as "the Act"). It is contended that the first meeting of the Panchayat Samiti has to be held in consultation with the Pramukh. It would necessarily mean that unless Panchayat Samiti is constituted, there can be no election of Pramukh and any meeting cannot be convened till then, therefore, the elections of the remaining two constituencies have to be concluded before first meeting is convened. It is urged that unless such first meeting is held, oath cannot be subscribed as the same is only done in the first meeting itself, however, learned counsel appearing for the State Election Commission draws attention of this Court towards Rule 87 of the Act specially the first proviso thereto which, for better appreciation of the matter, is extracted as under:- 87. Meeting for the election - (1) Subject to the supervision, direction and control of the State Election Commission, the date, time and place for the meeting of Gram Panchayat and Gram Katchahry/Panchayat Samiti/Zila Parishad for the election of Up-Mukhiya and Up-Sarpanch, Pramukh, Up-Pramukh, Adhyakasha and Upadhyaksha under Sections 15, 93, 40 and 67 of the Act respectively shall be fixed by the Block Development Officer, Sub-Divisional Magistrate and the District Magistrate, as the case may be and notice of the meeting shall be given to all the members concerned in Form-24; Provided that, if more than twenty five percent seats of total number of territorial constituencies constituted in Panchayat Samiti or Zila Parishad are vacant, the meeting for election of Pramukh/Up-Pramukh or Adhyakasha/Up-Adhayaksha of the Panchayat Samiti or Zila Parishad shall be fixed only after the completion of election for the vacant posts under the provisions of the Act. [Provided also that in case the total number of vacant seats exceeds 25 per cent of the total number of seats of the territorial constituencies constituted under any Gram Panchayat/Gram Kutchahari, the date of meeting for election of Up-Mukhia/Up-Sarpanch of the said Gram Panchayat/Gram Kutchahari, shall be fixed only after conducting the election for filling up the vacant posts as per the provision under the Act.] (emphasis is mine) 6. It would be apparent from the first proviso that in case of 25% seats of total number of territorial constituencies Panchayat Samiti are vacant then the meeting of election of Pramukh shall be fixed only after completion of the election of vacant posts. In the present case, only two constituencies are vacant which is admittedly much less than 25% therefore there is no legal impediment in holding election of Pramukh. 7. It has been urged on behalf of the Election Commission that the democratic process cannot be stalled for one or two constituencies election of which could not be held after countermanded of poll as certain technicalities have to be cleared before such elections are held. That apart, elected candidates have to subscribe oath within the time period which has been set up by the statute itself otherwise their election would automatically be set at naught. That apart, elected candidates have to subscribe oath within the time period which has been set up by the statute itself otherwise their election would automatically be set at naught. Apart from the above, certain duties are to be performed by the Panchayat Samiti and the elected Pramukh and Up-pramukh for the benefits of the people of the locality and, for that purpose only, the election has been held and, as such, the said process should not be stalled. 8. I find force in the submission made on behalf of the Election Commission. If the statutory rule provides that in case less than 25% of constituencies are vacant the election of Pramukh can be held. For one or two constituencies such democratic process cannot be directed to be stalled. Thus, in my view, this application has to fail and, accordingly, the same is dismissed.