LAWS(ALL)-1990-4-7

LIAQAT ALI Vs. DISTRICT PANCHAYAT RAJ OFFICER DEORIA

Decided On April 11, 1990
LIAQAT ALI Appellant
V/S
DISTRICT PANCHAYAT RAJ OFFICER DEORIA Respondents

JUDGEMENT

(1.) A meeting of the members of the Gaon Sabha, Mathia Alam, Tehsil Padrauna, District Deoria for consideration of motion of non- confidence against the petitioner, who is Pradhan of the Gaon Sabha, has been convened by the Prescribed Authority to be held on 13th April, 1990 vide notice dated 26th March, 1990. This notice is under challenge in the instant writ petition.

(2.) THE first contention of Shri M. A.Qadeer, the learned counsel for the petitioner, is that the aforesaid meeting could not be convened in as much as the notice given by the members of the Gaon Sabha to the relevant authority was not signed by requisite number of the members of the Gaon Sabha as envisaged by Rule 33-B of the U. P. Panchayat Raj Rules, 1947, hereinafter called the Rules.

(3.) THERE is no law which obliges the Prescribed Authority to state in the notice calling the meeting of the members of Gaon Sabha that he was satisfied about the existence of the signatures or thumb-impressions of the requisite number of the members of the Gaon Sabha on the notice tendered to him by the members under Rule 33-B of the Rules.