JAYANTRI PRASAD MISRA Vs. DISTRICT PANCHAYAT RAJ OFFICER

JUDGEMENT

(1.) THIS writ petition has been dismissed by us in limine on 8-11-1989. We directed the case to be listed on 13-11-1989 for delivery of reasons. Now we proceed to record our reasons for the dismissal of the writ petition in limine.

(2.) THE petitioner is the Pradhan of Gaon Sabha, Bhatwar, block Ram Nagar, district Jaunpur. An effort for motion of no confidence in the petitioner was made and in that connection the opposite party no. 1 after exercising powers under Section 14 read with Rule 33-B of U. P. Panchayat Raj Act fixed 24-9-1989 for the meeting as is evident from Annexure I attached with the writ petition. It appears that the aforesaid date 24-9-1989 was cancelled due to the circumstance that on enquiry it was revealed that 71 persons had not signed the notice of the intention to make the motion for removal of the petitioner as was required under Rule 33-B of the U. P. Panchayat Raj Act (see Annexure 2). On 20-10-1989 the opposite party no. 1 again exercising powers under Section 14 read with Rule 33-B of the U. P. Panchayat Raj Act, fixed 9-11-1989 for the meeting regarding vote of no confidence in the petitioner moved by requisite number of members of the Gaon Sabha as is evident from Annexure III.

(3.) SECONDLY, it has been contended that the opposite parties are proceeding arbitrarily and illegally in the matter of second motion for no confidence in the petitioner therefore, the proceedings should be quashed.