ISHARAT JAHAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Kesari Nath Tripathi, Senior Advocate assisted by Shri Neeraj Tripathi, Advocate, Shri Shashi Nandan, Senior Advocate and Shri K.R.Sirohi, Senior Advocates assisted by Shri Rajesh Yadav, Advocate on behalf of respondents no. 6, 7 and 8.

(2.) PETITIONER before this Court seeks quashing of the proceedings resulting in a no confidence motion as per the meeting of Kshetra Panchayat, Dumariaganj, District Siddhartha Nagar held on 18.03.2013 as well as of the consequential order of the District Magistrate dated 25.03.2013. Facts in short leading to the present petition as are follows : Petitioner before this Court was elected as the Block Pamukh of Kshetra Panchayat, Dumariaganj, District Siddhartha Nagar in the elections which were held in the year 2010. A request for a no confidence motion was served upon the District Magistrate by the members of the Kshetra Panchayat resulting in a notice dated 14.02.2013 fixing 02.03.2013 as the date of the meeting for consideration of the motion of no confidence against the petitioner. The Sub Divisional Magistrate, Dumariaganj was nominated as the Presiding Officer by the District Magistrate in respect of the meeting to be held on 02.03.2013. The meeting was adjourned and was subsequently fixed for 18.03.2013.

(3.) IN terms of the order of the High Court a meeting for considering the no confidence motion of Kshetra Panchayat did take place on 18.03.2013. As against the total number of elected members i.e. 114, only 68 members participated in the meeting. fter deliberations the no confidence was put to vote. The Presiding Officer made arrangements for casting of votes by the members present as per the provision of Uttar Pradesh Kshetra Samities (Voting on motions of non -confidence) Rules, 1966 (herein after referred to as the Rules, 1966). The total number of votes polled in favour of the motion after counting was declared as 64 while those against the motion as 03 only. One of the ballot paper was declared invalid. The result that the motion of no confidence have been carried was declared. Information was given to the District Magistrate of the same who in turn having been passed against the petitioner and issued the order on 25.03.2013 removing the petitioner from the office of Adhyaksh of the Kshetra Panchayat. He appointed a three member committee for looking after the affairs of the Kshetra Panchayat. This consequential order is also under challenge in the present petition.