NAUBAT RAM Vs. STATE OF UP

JUDGEMENT

(1.) Hon'ble Bala Krishna Narayana, J.-Heard learned counsel for the petitioner, learned Standing Counsel for the respondents No. 1 to 4 and Shri S.M.A.Abdi appearing for respondent No. 6.

(2.) This writ petition has been filed by the petitioner for quashing the order dated 15.2.2008 (Annexure No. 4 to the writ petition) passed by respondent No. 5, Assistant Development Officer, (Panchayat), Khurja, District Bulandshahar declaring that no confidence motion moved against the Pradhan, respondent No. 6 in the meeting of the Gram Sabha held on 15.2.2008 failed.

(3.) Learned counsel for the petitioner submitted that out of 1331 electors present in the meeting held on 15.2.2008 to consider the no confidence motion, 866 electors voted in favour of the motion which was one vote short of the requisite two-third majority and had the 33 votes which were wrongly cancelled were taken into consideration, the motion of no confidence would have smoothly passed.