MAHIMANAND NEGI Vs. DISTRICT PANCHAYAT RAJ OFFICER

JUDGEMENT

(1.) Heard Sri J.P. Gupta appearing for the petitioner and the learned Standing Counsel appearing for the State Authorities.

(2.) The petition is directed against notice dated 26.12,97 whereby the District Panchayat Raj Officer, Uttar Kashi convened a meeting of the Gram Panchayat Matari Vikas Khand Naugaon for consideration on the motion of no-confidence brought against the petitioner under Section 14 of the U.P. Panchayat Raj Act. the thrust of the submission made by Sri Gupta is that the written notice of Intention to move motion of no-confidence against the petitioner was not signed by the members of the Gram Panchayat. It is urged by the learned Counsel of the petitioner that since the written notice of intention to move no-confidence was not signed by the members of the Gram Panchayat the District Panchayat Raj Officer had no Jurisdiction to convene the meeting. The meeting, it is stated, has already taken place on 19th January, 1998 but the result has not yet been declared.

(3.) Having heard the learned Counsel for the parties and having regard to the Full Bench decision of this Court in Mathura Prasad Tiwari v. Asstt. District Panchayat Raj Officer, Faizabad and Anr., 1996, ALJ 612, I am of the considered view that since the meeting has already taken place, it would be an exercise in futility to go into the question as to whether or not the written notice of intention was signed by the members of the Gram Panchayat.