RUCHI VEERA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner was the Adhyaksha of Zila Panchayat, Bijnor. At the instance of the members of the Zila Panchayat the Collector Bijnor convened a meeting fixing 29.5.2008 for consideration of a no confidence motion against her. It is alleged that out of a total of 48 members of the Zila Panchayat 34 members attended the meeting. THE motion was carried through by 32 persons voting in favour of the motion one against the motion and there was one invalid vote.

(2.) AFTER the amendment of Section 28 of the U. P. Kshettra Panchayat and Zila Panchayat Adhiniyam in 2004 a motion of no confidence against the Adhyaksha can be carried through by half the total number of the members of the Zila Panchayat. Before the amendment it could only be passed by 2/3 of the total number of the members of the Zila Panchayat. The petitioner in whose case the motion was passed after the amendment of Section 28, challenged the amendment in Writ Petition No.4549 of 2008 in the Lucknow Bench of this Court. That petition has been transferred for hearing at Allahabad and is also listed before us today. In that case the court granted an interim order dated 23.5.2008 that the no confidence shall not be given effect to, if it is not passed by a majority of 2/3rd or more.

(3.) THE submission of Sri K.N.Tripathi is that the time appointed for the commencement of the meeting contemplated in Sub-section 8 would be the time indicated in the notice given by the Collector. In our opinion the contention is not well founded. In the notice for convening meeting the time at which the members are required to be present for attending the meeting is fixed by the Collector. A distinction has to be drawn between the time appointed for convening the meeting and the time appointed for the commencement of the meeting. Clause (i) of Sub-Section (3) of Section 28 deals with convening of the meeting for the consideration of the motion and it is in that context that a date and time is appointed by the Collector. Clause (i) of Sub-section 3 of Section 28 is quoted below; "3 (i) convene a meeting of the Zila Panchayat for the consideration of the motion at the office of the Zila Panchayat on a date appointed by him, which shall not be later than thirty days from the date on which the notice under sub-section (2) was delivered to him"