LAWS(SC)-2014-3-60

USHA BHARTI Vs. STATE OF U.P.

Decided On March 28, 2014
Usha Bharti Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) LEAVE granted.

(2.) THESE appeals are directed against the judgment and order passed by the High Court of Judicature at Allahabad (Lucknow Bench) in Review Petition No.103 of 2013 on 4th July, 2013 dismissing the review petition filed by the appellant.

(3.) THE appellant successfully contested the election held in October, 2010 for becoming a Member of the Zila Panchayat, Sitapur, U.P. 62 candidates were elected as the Members of the Zila Panchayat including the appellant and respondents 5 to 37. On 12th December, 2010, the appellant was elected as Adhyaksh of the Zila Panchayat, Sitapur. On 30th October, 2012, a notice of proposed Motion of No Confidence was given to the Collector, Sitapur for calling a meeting under Section 28 of the U.P. Kshettra Panchayat & Zila Panchayat Act, 1961 (for short 'the Act '). The notice calling for a Motion of No Confidence was signed by 37 members. The legal requirement under Section 28(2) is that a motion expressing want of confidence in the Adhyaksh must be signed by not less than half of the total number of elected members. On 31st October, 2012, the Collector, Sitapur issued a notice informing the elected members that a meeting for considering the Motion of No Confidence will be held on 23rd November, 2012.