GUDDI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition was heard by me on 21st June, 2004 and after hearing learned Counsel for the parties, the writ petition was dismissed for the reasons to be recorded later on. Now here are the reasons for dismissing the aforesaid writ petition.

(2.) The petitioner, who is elected Upadhyaksha (Vice-President) of Zila Panchayat, Firbzabad and was officiating as Adhyaksha under the provision of U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter referred as "Adhiniyam"), because the then Adhyaksha ceased to be the member of the Zila Panchayat under Section 27-A of the Adhiniyam on being elected as member of the legislative Assembly Uttar Pradesh from Shikohabad constituency, Firozabad.

(3.) From the narration of the facts in the writ petition which are admitted, it appears that out of twenty-four members of the Zila Panchayat, seventeen members signed requisition and presented the same as provided under Section 28 of the Adhiniyam before the District Magistrate/Collector on 29th May, 2004. The District Magistrate by his order dated 31st May, 2004 directed the Upper Mukhya Adhikari, Zila Panchayat, Firozabad referring the aforesaid requisition to submit a report on the basis of admitted signatures of the members after verifying the same from the records about the genuineness or otherwise of the signatures of the members, who are the signatories on the requisition of 'No Confidence Motion'. On receipt of the report from the Upper Mukhya Adhikari, Zila Panchayat, Firozabad who found that the signatures on the requisition of motion of no confidence are genuine and submitted the report accordingly to the Collector. The Collector by the order dated 5th June, 2004 directed the notice to be issued to all the members to attend the meeting scheduled to be held on 25th June, 2004 for consideration of the motion of no confidence against the petitioner i.e., the Upadhyaksha (Vice President) working as officiating Adhyaksha. It is this notice and convening of the meeting scheduled on 25th June, 2004, which are under challenge by means of present writ petition, which the petitioner has filed with the following prayers :- "(i) issue a writ, order or direction in the nature certiorari quashing the impugned notice dated 5.6.2004, issued by respondent No. 2 for converting the alleged meeting of 'No Confidence Motion' against petitioner on 25.6.2004 (Annexure-5).