KAMLA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) The dispute in the present writ petition arises out of the tabling of a no confidence motion against the petitioner who was elected in 2010 as a Block Pramukh of Block - Kalan, Tehsil Jalalabad, District - Shahjahanpur. A no confidence motion was initiated against the petitioner under a written notice said to have been moved by the respondent private parties in 2012. On the said written notice the District Magistrate proceeded to put all the members to notice as required under Section 15 of the U.P. Kshettra Panchayat & Zila Panchayat Adhiniyam, 1961. The provision, as it exists, requires that the Collector shall convene the meeting on a date appointed by him to consider the said motion which shall not be later than 30 days from the date on which the notice was delivered to him by the members.

(2.) The next step to be undertaken by the Collector is to give notice of not less than 15 days of such meeting in such manner as may be prescribed, to the elected members of the Kshettra Panchayat. The meeting has to be presided over by the Sub-Divisional Officer of the division concerned.

(3.) The present writ petition was filed alleging that the notice sent by the District Magistrate to the elected members of the Kshettra Panchayat was dispatched on 13.8.2012 by registered post, even though the date mentioned in the notice is 9.8.2012. Thus the allegation is that if the notice was dispatched on 13.8.2012 then the meeting which was scheduled to be held on 25.8.2012 falls on the 13th day and consequently 15 days clear notice was not given to the members. The petitioner therefore contends that there is a clear violation of the said mandatory statutory provision, that has been quoted extensively in the writ petition.