PARVEEN SIDDIQUI Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner, who is an elected Block Pramukh of Kshettra Panchayat Damkhoda in District Bareilly, has sought the quashing of the notice dated 30 Aug. 2017 issued by the Collector, Bareilly under Sec. 15(3) of the U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (the Act) for calling a meeting of the members of the Kshettra Panchayat on 15 Sept. 2017 to consider the motion expressing want of confidence in the Block Pramukh.

(2.) It has been stated that since the said notice was sent by registered post by the Collector on 31 Aug. 2017 and received by the petitioner on 1 Sept. 2017, the provisions of Sec. 15(3)(ii) of the Act that require the Collector to give to the elected members of the Kshettra Panchayat notice of not less than fifteen-days of the meeting of Kshettra Panchayat to be held for consideration of the motion of no confidence on 15 Sept. 2017, were not complied with as the date on which notice is despatched and the date on which the meeting is to be held have to be excluded. It has further been stated that the notice was not accompanied by a written notice of intention to make the motion of no confidence.

(3.) It is for this reason that when the matter was taken up by the Court on 14 Sept. 2017, time was given to the learned Standing Counsel to seek instructions in the matter and it was further directed that the meeting scheduled to be held on 15 Sept. 2017 could be held but the result of the meeting shall not be declared without the leave of the Court.