(1.) -This writ petition has been filed challenging the order dated 13.8.2003 passed by respondent No. 2 declaring that no-confidence motion against the respondent No. 3-Block Pramukh, Kshetra Panchayat Dhanapur, district Chandauli could not be carried out.
(2.) FACTS and circumstances giving rise to this case are that the election of Pramukh of Kshetra Panchayat Dhanapur, district Chandauli, was held in March, 2001. Notice of no-confidence motion was signed by 57 members out of total 77 elected members and was presented before the District Collector, Chandauli, on 14.7.2003. The notice was issued to all the members by the District Collector on 28.7.2003 for holding a meeting for considering the no-confidence motion on 13.8.2003 at 10.00 a.m. The Sub-Divisional Officer, Sakaldeeha, respondent No. 2 was appointed as the Presiding Officer. Meeting was held on 13th August, 2003. After debate the motion was put to vote. The meeting was attended by 41 members, out of which 37 elected members participated in the voting and 34 out of them voted in favour of the motion. The Presiding Officer-respondent No. 2 declared that meeting failed to carryout the motion as 2/3rd of the total elected members had not voted in its favour. Hence, this petition.
(3.) WE have considered the rival submissions made by the learned counsel for the parties and perused the record.
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