RAKESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Salman Khurshid, learned Senior Advocate assisted by Sri Prem Shankar, learned Counsel for the petitioners, Sri H. P. Srivastava, learned Additional Chief Standing Counsel for respondent Nos.1 to 3/State and Dr. L. P. Misra and Sri Sharad Pathak, learned Counsel for respondent No.4.

(2.) A short question that call for decision in the case is whether under the provisions of sub-section 12 of Section 28 of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961, the respondent No.2 was obliged to adjourn the meeting on 14.05.2019 at 11:00 AM in the circumstances under which the petitioners and other elected members were disabled from attending the meeting or obstructed by force from exercising their right from attending the meeting.

(3.) Petitioners are elected Members of Zila Panchayat, Rai Bareli from different blocks of District Rai Bareli. Zila Panchayat, Rai Bareli has 52 elected Members. Under the Chairmanship of the petitioner No.1, a proposed No Confidence Motion was passed on 10.4.2019 by 31 elected Members against the 4th respondent, the Chairman of the Zila Panchayat, namely, Avadhesh Singh, who is real brother of Dinesh Singh, MLC on the symbol of the Ruling Party.