GUFRAN Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioner before this Court is a member of Village Bodahedi, District Haridwar. Petitioner along with other persons of Village Bodahedi had initiated the proceedings for bringing a "No-Confidence Motion" against the elected Gram Pradhan, namely, Muntaheera. As per the procedure, the District Panchayat Raj Officer called the meeting to discuss the "No-Confidence Motion" against the elected Gram Pradhan which was scheduled for 20.08.2017.

(2.) Sec. 18 (5) of the Uttarakhand Panchayati Raj Act, 2016 prescribes required quorum which should be half of the total members of the Gram Sabha. Sec. 18 (5) of the Act reads as under:-

(3.) Admittedly, the total strength of the Gram Sabha is 3,226, and therefore, the half of 3,226 would be 1,61 Admittedly, on the said date, only 1,168 members were present and thus the quorum was not complete and the proceedings were dropped out. This has been challenged by the petitioner before this Court by means of the present writ petition.