MAHENDRA PAL Vs. COLLECTOR HARDOI

JUDGEMENT

(1.) By means of this petition under Article 326 of the Constitution of India, petitioner nitially prayed for issuance of a writ, order or direction in the nature of certtorari quashing the notices dated 1.7.1997 and 14.7.1997 issued to convene the meeting of Kshetriya Samiti, Tandiyana, Tehsil and district Hardoi for consideration of no-confidence motion against the jetitioner. Prayers for issuance of a writ, in the nature of mandamus commanding the respondents not to hold meeting on 3.8.1997 and to allow the petitioner to work as Block Pramukh, were also made. Subsequently, by means of amendment allowed on 16.10.1997. prayer for quashing the proceedings of the meeting and motion of no confidence passed on 3.8.1997 was also added.

(2.) It appears that against the petitioner who happened to be Block Pramukh of Kshetriya Samiti, Tandiyana Block, district Hardor as many as 35 members out of 63 gave a notice to the Collector, to convene meeting for consideration of no-confidence motion against him, along with the copy of no-confidence motion on 4.7.1997. on the basis of which the Collector issued notices for holding meeting on 3.8.1997. On receipt of the notice from the Collector, petitioner is alleged to have filed an application on 17.7.1997 before the Collector for verification of the signature, as according to him. Signatures existing on the notice were forged and fictitious. Thereafter, another application dated 25.7.1997 is alleged to have been made by the petitioner to the Collector, requesting to supply him a copy of notice, whereby meeting was convened. Petitioner on 28.7.1997 also requested to supply copy of no-confidence motion along with the charges, if any, levelled against him. It is stated that the notices were issued by the Collector in contravention of the provisions of Section 15 of U. P. Kshetra Samitis and Zila Parishad Adhiniyam, 1961 (for short 'the Act'). Therefore, said notices were liable to be quashed.

(3.) Petitioner challenging validity of the said notices filed present petition in this Court on 24.7.1997. On the said date, following order was passed by this Court :