RAM SINGH Vs. THE COLLECTOR, FAIZABAD AND OTHERS

JUDGEMENT

(1.) THE Petitioner is the pramukh of a Kshettra Samiti constituted under the Zila Parishad and Kshettra Samitis Act (hereafter called the Act). The total membership of the Kshettra Samiti is 107. But at the time with which we are concerned one of the members was dead and the other had resigned. So at the relevant time the Kshettra Samiti consisted of 105 members only.

(2.) AT that time notice of a motion of no confidence was given to the Collector concerned against the Petitioner. The notice purported to be signed by 56 members of the Kshettra Samiti. The Collector fixed a date for consideration of the motion and issued notice of the motion to the members. The meeting was held on the scheduled date. The motion was passed by 53 members out of 54 members present. The presiding officer declared the motion as having been validly passed by the requisite majority. Hence this petition.

(3.) IT is next urged that four of the persons attending the meeting in which the notice of the motion of no confidence was considered were imposters. This fact is denied by the Respondents in their counter affidavit. It is a question of fact and cannot be enquired into, in the present proceeding. This point also fails.