BANDANA Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner, who is an elected member of Kshettra Panchayat constituted under the Kshettra Panchayat and Zila Panchayat Act, 1961[Act, 1961] delivered in person a written notice of intention to make a motion of no confidence in the Pramukh of Kshettra Panchayat in proper form which was signed by more than half of the total number of elected members of Kshettra Panchayat i.e. 70 members out of 100 members, together with a copy of the proposed motion to the Collector, Azamgarh, who had jurisdiction over the Kshettra Panchayat. This notice of no confidence was moved on 7/3/2025 in accordance with Sec. 15(2) of the Act, 1961.

(2.) The respondent no. 2 i.e. Collector/District Magistrate, Azamgarh, it is alleged, did not take any action on the notice dtd. 7/3/2025. Thereafter, within a period of five days on 12/3/2025, 69 members of Kshettra Panchayat allegedly filed notarized affidavit in support of Block Pramukh, enclosed with a letter of the Block Pramukh of the same date, stating that they had not participated in any meeting to propose motion of no confidence against the respondent no.3 and had not signed affidavit regarding the same. Thereafter, by means of the impugned order dtd. 20/3/2025, the notice dtd. 7/3/2025 expressing no confidence was found to be not maintainable and was rejected.

(3.) The contention of the learned counsel for the petitioner is that once the written notice of intention as envisaged in Sec. 15(2) of the Act, 1961 is moved before the Collector, the Collector has no option, but to proceed to convene a meeting of Kshettra Panchayat for consideration of motion at the office of Kshettra Panchayat on a date appointed by him which shall not be later than 30 days from the date on which the notice under sub-sec. (2) of Sec. 15 of the Act is delivered to him and is mandated to give to the elected members of Kshettra Panchayat a notice of not less than 15 days of such meeting. The Collector cannot embark on a fact finding exercise and collect evidence in that regard. No trial can be conducted by the Collector as he does not have the trapping of the court. Reference has been made to a Full Bench decision of this Court in Mathura Prasad Tewari Vs. Assistant District Panchayat Officer, Faizabad,1966 ALJ 612.