PROMOD KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) WE have heard Sri Kapil Muni Dubey, learned Counsel appearing for the petitioner and learned Standing Counsel appearing for the State -respondents. The petitioner was elected as Pramukh of Kshettra Panchayat Ram Nagar, District Ambedkar Nagar on 22.12.2010. He assumed the office of Pramukh on 18.03.2011 i.e. the date on which first meeting of Kshettra Panchayat was held. In Writ Petition No. 2658 (MB) of 2012, the petitioner has challenged the notice of no confidence motion which was given by the 60 members of the Kshettra Panchayat. The Collector, Ambedkar Nagar in view of section 15(3), (1) of U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 had fixed the date 10.4.2012 at 11.00 A.M. to convene the meeting for consideration of no confidence motion.

(2.) THE show cause notice has been challenged by the petitioner on the ground that it is not in a prescribed proforma. The motion was carried out against the petitioner, against which the petitioner has filed Writ Petition No. 3077 (MB) of 2012 in which he has prayed for quashing of the order dated 10.4.2012.

(3.) THE result of the no confidence motion has been challenged on the ground that procedure for holding meeting as prescribed under section 15(1), (2), (3) of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 was not followed. The written notice of intention to make the motion was not given to him. Out of the 77 persons who had participated in the meeting, majority of them had given in writing that the meeting was not held in free and fair atmosphere.