SUMAN DEVI Vs. STATE OF U P

JUDGEMENT

(1.) This petition raises the issue of the jurisdiction of the presiding officer, while conducting the proceeding of a no confidence motion under the U.P. Kshettra Panchayat Zila Panchayat Adhiniyam, 1961, in proceeding to declare a result in the manner in which it has been done in the present case, coupled with the issue of the validity of the votes that have been declared invalid, resulting in the alleged failure of the no confidence motion by a solitary vote. The provisions of Section 15 of the Act govern the proceedings of a no confidence motion, read with the Uttar Pradesh Kshettra Samitis (Voting on Motions of No-Confidence) Rules, 1966.

(2.) The challenge raised is to the order dated 23.10.2013 passed by the Sub Divisional Magistrate, Manikpur, the presiding officer, who conducted the no confidence motion declaring that the no confidence motion against the respondent no.4, who is the Pramukh of the Kshettra Panchayat, Pahadi, Tehsil Karwi, District Chitrakoot has failed. The petitioner claims herself to be a member of the aforesaid Kshettra Panchayat who is aggrieved by the orders passed.

(3.) The authority of an officer to be exercised in the manner prescribed under the law, therefore, is under scrutiny as the allegations clearly are that the officer acted malafidely to alter the decision making process, which is governed by the casting of votes by the members participating in the meeting, and not by any exercise of administrative discretion. The issues raised also reflect on the acceptance of the mode of expression of the intention to cast a vote in accordance with the rules prescribed, namely, the 1966 Rules aforesaid, and the reflection of such intention through a prescribed manner to be endorsed on the ballot paper.