AKHILESH KUMAR KATIYAR Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri K.M. Asthana, learned counsel for the petitioner. Learned Standing Counsel appears for respondent nos.1 to 4. Shri M.D. Singh Sekhar, Sr. Advocate assisted by Shri Brij Raj appears for the respondent no.5.

(2.) The petitioner was elected as Pramukh Kshetra Panchayat, Barhpur, Distt. Farrukhabad on 22.11.2010 and was administered oath of office on 18.3.2012. A no confidence motion has been moved against him by more than 1/2 the members, on which the District Magistrate had called a meeting to consider the motion against the petitioner in a meeting on 1.6.2012. The petitioner challenged the validity of the notice in Writ Petition No.27808 of 2012, on the grounds that the notice has not been signed by the requisite number of members. Some of the members had given their affidavits that they have not signed the affidavit reducing the actual number of members, who had signed the notice to less than 1/2 of the elected members. The writ petition was dismissed on 31.5.2012.

(3.) On 29.5.2012 the Sub Divisional Magistrate, Sadar, who was nominated by the Collector to preside over the meeting sent a letter no.879 dated 29.5.2012 to the Collector, Farrukhabad stating that he has been nominated/ authorised to preside over the meeting to consider the no confidence motion convened on 11.00 a.m. on 1.6.2012. He has also been nominated as Election Officer in the general elections to the Local Bodies, 2012, of which the date of nomination have been notified on same day from 10.00 a.m. to 3.00 p.m.; in the circumstances, considering the important function of the nomination, he will be unable to preside over the meeting to consider the no confidence motion on 1.6.2012. The Sub Divisional Magistrate requested the District Magistrate to fix any other date for the meeting.