LAWS(ALL)-2009-2-102

MAMTA KANNAUJIA Vs. STATE OF U P

Decided On February 06, 2009
MAMTA KANNAUJIA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD the learned counsel Shri S.K. Kalia, Senior Advocate, Dr. L.P. Misra, Sri Upendra Nath Misra, and Sri Akhilesh Kalra for the petitioners and Sri Jai Deep Narain Mathur, Sri D.K. Uppadhyaya and Sri Anuj Kuddesia for the respondents.

(2.) THIS is a bunch of writ petitions which initially challenged the vires of U.P. Panchayat Laws (Amendment) Ordinance 2007 (U.P. Ordinance No. 26 of 2007), but later on, since the aforesaid Ordinance was converted into an Act namely; U.P. Panchayat Laws (Amendment) Act 2007 (hereinafter referred to as the Act, 2007) (U.P. Act No. 44 of 2007), the petitions were accordingly amended and challenge has been made to the aforesaid Act, 2007.

(3.) FURTHER challenge to the amendment made by virtue of sub sections 11,12 and 13 of Section 15 of the Adhiniyam has been made whereby a no confidence motion could be brought against the Pramukh or the Adhyaksha after one year of his assuming the office and this no confidence motion shall stand passed with a majority of only more than half of the members elected for the time being as against the pre-existing block period of two years, for bringing the motion and the requisite majority of not less than 2/3rd of the members for passing the motion.