RAM KESH Vs. STATE OF U P

JUDGEMENT

(1.) MEWATI Devi Respondent No. 4 is the elected Pradhan. A notice of intention to bring a motion of no confidence against her was presented the District Panchayat Raj Officer on 6. 9. 2007. The District Panchayat Raj Officer passed an order dated 11. 9. 2007 convening the meeting of the Gaon Sabha for 3. 10. 2007 for considering the motion. It is stated by the Pradhan respondent No. 4 that a copy of the notice of intention under the Right to Information Act was obtained by her on 29. 9. 2007. She filed objections on 29. 9. 2007 itself challenging the signatures of a large number of persons on the notice of intention. The District Panchayat Raj Officer passed an order on 29. 9. 2007 for an enquiry. A report was submitted on 1. 10,2007 by the Assistant Block Development Officer to the effect that the signatures of 52 persons were farzi. The District. Panchayat Raj Officer it is stated also compared the signatures and found that there were some other persons also whose signatures were farzi. On the basis of the enquiry report made by the Assistant Block Development Officer and the enquiry, the District Panchayat Raj Officer passed an order on 2. 10. 2007 cancelling the order dated 11. 9. 2007. Against this order dated 2. 10. 2007, the present writ petition has been filed by Ram Kesh one of the persons who had presented the notice of intention.

(2.) I have heard Sri Shashi Nandan senior Counsel assisted by Sri R. P. Srivastava, Counsel for the petitioner and Sri P. N. Saxena, senior Counsel assisted by Sri S. P. Shukla, Counsel for respondent No. 4.

(3.) ON facts the District Panchayat Raj Officer has found that the notice of intention did not bear the genuine signatures of not less than half the members of the Gaon Sabha, The discretion exercised by the District Panchayat Raj Officer is not perverse. The petition therefore fails. It is however open to the petitioner or other persons to bring a fresh notice of intention and if that is in accordance with law the District Pan. chayat Raj Officer shall convene a meeting of the Gaon Sabha.