VIJAYA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SRI Rajendra Dobhal, Senior Advocate, assisted by Sri G.D. Joshi, Advocate for the petitioner. Sri Paresh Tripathi, Addl. C.S.C. on behalf of the respondents. Heard on amendment application. In the interest of justice the amendment application is allowed. The petitioner is directed to incorporate the amendment in the petition and the amended memo of petition be filed during the course of the day. Also heard on admission and stay application.

(2.) BY means of this petition the petitioner has sought a writ, order or direction in the nature of certiorari quashing the notice dated 8 -6 -2012 issued by the District Magistrate Chamoli. It is further prayed that a writ in the nature of mandamus be issued directing the respondent No.2 not to proceed further in pursuance of the notice dated 8 -6 -2012 for consideration of the no confidence motion, the meeting of which is going to be held on 25 -6 -2012 at Zila Panchayat Chamoli.

(3.) THE ground of challenge in the present writ petition is that all the members of the Zila Panchayat Chamoli have not signed the notice of intention for non confidence motion on the prescribed proforma, rather they have signed second page of the notice of intention on separate sheet. The provision of no confidence motion has been provided in Section 28 of U.P. Kshettra Panchayat and Zila Panchayat Act, 1961 (hereinafter referred as the Act), wherein it is mandatory that a written notice of intention to make the motion in such form as may be prescribed, signed by not less than half of the total members (elected members) of Zila Panchayat for the time being, together with a copy of the proposed motion, shall be delivered in person, by any one of the members signing the notice, to the Collector having jurisdiction over the Zila Panchayat and in accordance with sub -section (3) of Section 28 of the Act, the Collector will convene the meeting on a date appointed by him, of the Zila Panchayat for the consideration of the motion at the office of Zila Panchayat, which shall not be less than 30 days of which a notice under sub -section (2) of Section 28 was delivered to him.