JAIWATI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shashi Nandan learned Senior Advocate for the petitioner and Sri Kesri Nath Tripathi learned Senior Advocate alongwith Sri Rakesh Pandey for the caveator-respondent.

(2.) The challenge raised in this petition is to the convening of the meeting for the no confidence motion of Zila Panchayat Gautambudh Nagar. Sri Shashi Nandan has relied on the order of reference in the case of Smt. Sheela Devi Vs. State of the U. P. and others, 2014 1 ADJ 717 to contend that since this issue has already been referred to a larger Bench, on the facts of this case, the same course can be adopted. He has also relied on another Division Bench interim order in Writ Petition No. 31071 of 2014.

(3.) The contention raised is that out of fifteen Members, ten are alleged to have signed the motion proposing to bring the no confidence against the Adhyaksh-petitioner, but four signatures out of them are forged. To substantiate this the petitioner has filed the affidavits of three of the Members which are in the shape of notary affidavits who are alleged to have not signed the notice.