SHEELA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Brij Raj, learned counsel for the petitioner, learned standing counsel for respondent Nos. 1, 2 and 3 and Shri K.N. Tripathi, learned senior counsel assisted by Shri N.D.Shukla and Shri Sanjay Upadhyaya, Advocates for the respondent No.4.

(2.) A no confidence motion under Section 15 of the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961 was initiated against the respondent No.4, who is the Block Pramukh of Chiraigaon district Varanasi. This attempt was made earlier when a challenge was raised and the matter came up in writ petition no.54587 of 2012. After hearing the learned counsel for the parties, the Court vide order dated 20.11.2013 came to the conclusion that since the statutory period of 30 days had already expired on the date when the petition came to be heard, the petition deserves to be, and was accordingly, disposed of without adverting to the issues raised, including the issue of verification of the signatures and affidavits have not been filed by the members in opposition thereto. It was left open to the aggrieved members to move a fresh notice against the respondent No.4.

(3.) It appears that a notice in writing was again given on 26.11.2013 and the respondent No.4 appears to have moved an objection that the signatures, as contained in the notice to move the no confidence motion are forged that were 18 in number. Affidavits were filed in support of the objections denying the signatures on the notice. On this objection, an enquiry was conducted and it was found that the signatures of those 18 persons are forged. Consequently, the District Magistrate vide order dated 20.12.2013, impugned herein, cancelled the meeting that was proposed to be held for consideration of the said no confidence motion.