KRISHNA JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) These two writ petitions deal with the constitutionality as well as interpretation of Section 28 of the UP Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (the Act), which provides for motion of no confidence against Adhyaksha or Up-Adhyaksha of a Zila Panchayat. THE FACTS

(2.) The election to the post of Adhyaksha of Zila Panchayat Deoria (the Zila Panchayat) was held in the year 2000. In this election Smt. Krishna Jaiswal (Smt. Jaiswal) was elected as the Adhyaksha of the Zila Panchayat. The Zila Panchayat consists of 40 elected members. Twenty eight elected members gave notice to the Collector under section 28 of the Act to bring the motion of no confidence against her on 29th November 2004. The collector passed an order on 30.11.2004 convening the meeting on 20.12.2004 at 12.00 am in the hall of the Zila Parishad to consider the no confidence motion against her. He also passed an order that the Appar Mukhya Adhikari, Deoria (the AMA) to serve notice on the members by registered post as well as personally by 4th December 2004. The notices were sent and the AMA submitted a report to the Collector on 4.12.2004 that the notices have been sent by the registered post and personal service has been affected.

(3.) Smt. Jaiswal filed writ petition no. 52945 of 2004 on 9th December 2004 challenging the meeting of no confidence motion in pursuance of the order passed by the Collector. In this writ petition an interim order was passed on 16.12.2004 keeping the meeting to consider the no confidence motion in abeyance.