HEERAWATI Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Rakesh Kumar Mathur, learned Counsel for the petitioner, Sri S.K. Verma, learned Senior Advocate assisted by Sri Siddharth Verma has been heard for respondent No. 7 and learned Standing Counsel for the respondents No. 1 to 6.

(2.) This writ petition is being finally decided with the agreement of the learned Counsel for the parties as the writ petition raises only legal issues.

(3.) Brief facts giving rise to this writ petition are; that the petitioner was elected as Member of Block Development Committee from Kshettra Panchayat Sujanganj, district Jaunpur. Subsequently according to the provisions of Section 7 of the Uttar Pradesh Kshettra Panchayat & Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as Act of 1961), the petitioner was elected as Senior Up-Pramukh on 27.2.2006. Thereafter the petitioner has been continuing as Senior Up-Block Pramukh. Against Smt. Bindu Devi, who was elected as Pramukh, a no confidence motion was passed which was challenged by her before the Lucknow Bench of this Court by filing writ petition No. 3457 MB of 2008 Bindu Devi v. State of U.P. challenging the provisions of U.P. Panchayat Laws Amendment Act, 2007 (U.P. Act No. 44 of 2007). The writ petition was dismissed along with bunch of cases vide judgment and order dated 6.2.2009, leading case being Mamta Kanaujia v. State of U.P. and Ors. Against the judgment in the case of Smt. Mamta Kanaujia and Ors. connected matters, Special Leave Petition was filed in the Supreme Court, which too has been dismissed by the apex Court on 4.5.2010. The District Magistrate, Jaunpur passed an order on 19.7.2010 noticing the passing of no confidence motion against Smt. Bindu Devi on 6.5.2008 and dismissal of the writ petition on 6.2.2009 and further dismissal of the Special Leave Petition on 4.5.2010. The District Magistrate in the order dated 19.7.2010 held that office of the Block Pramukh has become vacant and in view of the orders passed by the Division Bench as aforesaid, the respondent No. 7 is nominated to discharge the functions of Block Pramukh. The writ petition has been filed by the petitioner praying for following reliefs.