ANITA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Dr. L. P. Mishra and Sri Rajeju Kumar Tripathi, learned Counsel for the petitioner and Sri Anand Kumar Singh, learned Standing Counsel for respondent Nos.1 to 4 and perused the original record of the proceedings of No Confidence Motion.

(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner is praying for quashing the impugned show cause notice dated 4.7.2019 issued by the District Magistrate, Shravasti under Section 15 (3) of the U. P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 for convening a meeting of Kshetra Panchayat, Sirsiya, District Shravasti to consider the motion of No Confidence against the petitioner.

(3.) It is submitted that a written notice of intention to make motion for No Confidence was submitted to the District Magistrate, Shravasti/respondent No.2 on 19.6.2019 and under the provisions of Sub-Section (3) of Section 15 of the U. P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 [hereinafter referred to as the Adhiniyam], on receipt of notice of intention to make motion for No Confidence, the Collector is under statutory mandate to convene a meeting of the Kshettra Panchayat for the consideration of the motion 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. Clause (ii) of Sub-Section (3) of Section 15 of the Adhiniyam further provides that the Collector on receipt of notice of intention to make the motion will give to the elected member of the Kshettra Panchayat notice of not less than fifteen days.