NEHA YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioner is Pramukh of Kshetra Panchayat, Gulavathi, Bulandshahr. She has preferred the instant petition calling in question a notification issued from the office of respondent no.2, Assistant Development Officer showing two vacancies of members on account of respondents no. 4 and 5 having tendered their resignations. The date of vacancy as per the said chart is 5/4/2022 in case of respondent no. 5 and 26/4/2022 in case of respondent no. 4.

(2.) It is not disputed before us that the resignation letter of the members namely respondents no.4 and 5 have been received in the office of Kshetra Panchayat on respective dates from which the vacancies have been made effective.

(3.) Learned counsel for the petitioner submitted that mere submission of resignation by respondents no.4 and 5 will not result in vacancy unless the resignations are approved in the meeting of the Kshetra Panchayat. He submitted that D.P.R.O. had sent communications to the Additional Chief Officer, Zila Panchayat on 5/5/2022 and 7/4/2022 for requisitioning a meeting of Zila Panchayat members for the purposes of accepting their resignations. It is submitted that since the resignations have yet not been accepted, therefore, the notification of the vacancy is illegal.