SHAKUNTALA DEVI Vs. COLLECTOR ETAH

JUDGEMENT

(1.) - Petitioner is Up Pradhan of Gaon Sabha, Jawra, district Etah. Pradhan of this village having died, petitioner is performing the functions of Pradhan. Similarly, Pradhan ot Gaon Sabha Margayan has died and Up Pradhan of that village is acting as Pradhan.

(2.) IN this writ petition, Collector, Etah by his order dated 7-7-1990 has fixed meeting of Khetriya Samiti on 23-7-1990 for considering the motion of no confidence against its Pramukh, Sri Om Prakash. Petitioner by means of this writ petition has challenged the atoresaid order of the Collector on the ground that no notice has been issued either to the petitioner or to Up Pradhan of village Margayan on the wrong pretext that Up Pradhan is not a member of Kshetra Samiti. Learned counsel for the petitioner has argued that after the death of Pradhan, Up Pradhan substitutes Pradhan and as such has become a member of Kshetra Samiti and is entitled to a notice of the meeting fixed for consideration of no confidence motion against the Pramuth of Kshetra Samiti. Such a notice, learned counsel contends, not having been given to the petitioner and another Up Pradhan, motion of no confidence cannot be considered in the meeting fixed by the Collector.

(3.) IT is true that second proviso of sub-secfion (2) of section 6 of Adhiniyam authorises the Up-Pradhan to attend the meeting of Kshettra Samiti with a right to vote, but by virtue of section 15 of the Adhiniyam only a member can sign the notice of motion of no confidence and can participate in the meeting fixed for consideration of motion of no confidence. Up-Pradhan not being Pradhan is not a member of Kshettra Samiti and as such can neither sign notice of no confidence nor is he entitled to a notice for participating in the meeting of Kshetra Samiti in which the motion of no confidence is to be considered. Second proviso to sub-section (2) to section 6 of the Adhiniyam deals with the "meetings" of Kshetra Samiti other than the meetings in which the motion of no confidence is to be considered against a Pramukh.