NISHA YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anurag Shukla, learned counsel for the petitioner, Sri Q.H. Rizvi, learned Standing Counsel for the State respondent and Sri Hemant Kumar Mishra and Sri R.K. Singh, learned counsel for the private respondents. The petitioner, who is an elected Block Pramukh of Block Sarojini Nagar in District Lucknow, has sought the quashing of the show cause notice dated 07.10.2017 issued by the respondent no. 2, Collector/District Magistrate, Lucknow under Section 15(3) of the U.P. Kshettra Panchayat & Zila Panchayat Adhiniyam, 1961, here-in-after referred as 'the Adhiniyam, 1961' for calling a meeting of the Members of the Block Development Committee on 21.10.2017 for consideration of no confidence against the petitioner.

(2.) The total strength of members of the Block Development Committee, Block Sarojini Nagar, District Lucknow is 123. The petitioner was elected as Block Pramukh in the year 2016. In July, 2017, a no confidence motion was agitated against the petitioner but petitioner submitted affidavit of 85 Block Pramukh Development members and thereafter proceedings of no confidence motion was dropped.

(3.) The petitioner is challenging the notice dated 07.10.2017 issued by the respondent no. 2 fixing a date for meeting on 21.10.2017 on the ground that it was in violation of provisions contained in Section 15(3)(ii) of U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961, as it did not comply with the provisions requiring 15 days clear notice. The impugned notice has been issued in utter infringement of mandatory provision contained in Section 15(1) of the Adhiniyam, 1961 which states that no confidence motion can be contemplated in accordance with the procedure laid down in Section 15 only.