GHANSHYAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri Rakesh Pande, learned counsel who has appeared for the writ petitioner, Sri Suresh Singh on behalf of State-respondents 1 and 2 and Sri N.C. Tripathi, who has appeared on behalf of the members of the Kshetra Panchayat-Rampur Maniharan, District-Saharanpur arrayed as respondent Nos. 3, 4 and 5.

(2.) The challenge in the present writ petition is to a notice dated 14.10.2014 issued by the Collector, Saharanpur acting upon a requisition submitted by 52 members of the Kshetra Panchayat aforementioned expressing 'no confidence' in the petitioner who was the elected Block Pramukh. Taking cognizance of the aforesaid requisition, the Collector, in accordance with the provisions of Section 15 of the Uttar Pradesh Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961 (hereinafter referred to as the 'Adhiniyam 1961'), put the petitioner to notice and conveyed to him that the aforesaid motion expressing 'no confidence' would be considered in the meeting of the Kshetra Panchayat to be held on 1.11.2014. Initially, when the present writ petition came up for admission on 30.10.2014, a Coordinate Bench of this Court, after considering the matter on merits, rejected the prayer of the petitioner for restraining the holding of the meeting on 1.11.2014. It was however provided that the result of the aforesaid meeting would abide by the fate of the present writ petition.

(3.) During the course of hearing and upon exchange of affidavits between the contesting parties, we were informed that the meeting for considering the resolution of 'no confidence' was held on 1.11.2014, when out of 40 members, 39 voted in favor of the resolution; and therefore, it was submitted that an overwhelming majority has expressed 'no confidence' in the petitioner. Out of the 40 members present, 39 had voted in favour of the resolution with the petitioner alone not casting any vote.