KAMLA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner, who is an elected Block Pramukh of Block Kalan, Tehsil Jalalabad, district Shahjahanpur, has approached this Court for a writ of certiorari to quash the result of meeting of Kshettra panchayat held on 24.3.2014 for considering the No Confidence Motion against her. A further relief of mandamus has been claimed to restrain the respondents from interfering with the peaceful functioning of the petitioner as Block Pramukh and not to proceed in any manner to fill up the vacancy of the Block Pramukh. We have heard Shri Shashi Nandan, learned Senior Counsel assisted by Shri Udayan Nandan for the petitioner, learned Standing Counsel for the State respondents and Shri Keshari Nath Tripathi assisted by Shri Shivam Yadav for respondent No. 4.

(2.) Petitioner was elected as Block Pramukh in 2010 and was functioning as such. A No Confidence Motion was moved against her by the members in 2012. As required under the Act, namely, U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as 'Adhiniyam, 1961), District Magistrate, Shahjahanpur issued notice to the members convening the meeting on 25.8.2012. The proceedings were challenged by the petitioner by filing Writ Petition No. 41077 of 2012 alleging that 15 days' clear notice, as required under the provisions of the Act, was not given to the members. Vide judgment order dated 14.2.2014, Division Bench of this Court allowed the writ petition. The operative portion of the said judgment reads as under:

(3.) A fresh No Confidence Motion dated 26.2.2014 signed by 40 members was again submitted before the District Magistrate. The District Magistrate issued notice dated 4.3.2014 to all the members fixing 24.3.2014 for consideration of the Motion. Sub Divisional Magistrate, Jalalabad, district Shahjahanpur was appointed to preside over the meeting. The notice for meeting of No Confidence was again challenged by the petitioner by filing Writ Petition No. 15938 of 2014, which was dismissed vide order dated 13.3.2014. Meeting, as scheduled, was held on the date fixed and the prescribed authority declared the motion to have been passed.