KALAWATI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Bharat Bhushan Paul for petitioner ; Sri Nurul Huda and Sri Shashank Shekhar Singh, learned standing counsel for respondents.

(2.) Petitioner Smt. Kalawati Devi is an elected Pradhan of village Panchayat Madanpatti, Vikas Khand Atrauliya, district Azamgarh. She has challenged a notice of no-confidence motion dated 12.1.2003, signed by 724 members of Gram Sabha which is more than half of the villagers on the electoral list and has been delivered in person by three members of the Gram Sabha, namely, Ram Tahal, Tihul and Smt. Reshma. By impugned order dated 25.1.2003, the District Panchayat Raj Officer/Prescribed Authority, Azamgarh, recorded satisfaction to the genuineness of signatures and convened the meeting of Gram Sabha for considering of no-confidence motion on 9.2.2003 at 10.00 a.m.

(3.) Learned counsel for petitioner has challenged the notice and the order of prescribed authority convening meeting on the ground that the notice does not comply with the requirements of Section 33B (1) of U. P. Panchayat Raj Rules, 1947 (in short Rules) inasmuch as the notice has not been signed by more than half of the total members of Gram Panchayat. According to him, out of the persons signing the notice, there are only three members of Gram Panchayat who have also delivered the notice to the prescribed authority.