USHA BHARTI Vs. STATE OF U.P.
LAWS(SC)-2014-3-60
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on March 28,2014

Usha Bharti Appellant
VERSUS
STATE OF U.P. Respondents


Referred Judgements :-

SUSEEL FINANCE AND LEASING CO. VS. M. LATA AND ORS. [REFERRED TO]
ZAVERBHAI AMAIDAS VS. STATE OF BOMBAY [REFERRED TO]
TIKA RAMJI OTHERS VS. STATE OF UTTAR PRADESH [REFERRED TO]
DEEP CHAND BRAHMAN LAL SINGH NIRANJAN SINGH HARI SHANKER SHYAM LAL RAM PRASAD JAIN TRANSPORT GENERAL TRADING CO JAIPAL SINGH VIRENDRA PAL GUPTA VISHAMBHAR DAYAL GUPTA REJENDRAPAL SIA RAM BRIJPAL SINGH PANDIT SRINIVAS MADHO RAM MOHI UDD VS. STATE OF UTTAR PRADESH [REFERRED TO]
MAGANLAL CHHAGANLAL PRIVATE LIMITED PARWATIBAI PUNDALIK LEGAD UMAR HABIB BIBI BATOOL PARWATIBAI PUNDALIK LEGAD VS. MUNICIPAL CORPORATION OF GREATER BOMBAY:THE PRINCIPAL JUDGE CITY CIVIL COURTS:J R VIMADALAL:ENQUIRY OFFICER:THE PRINCIPAL JUDGE CITY CIVIL COURTS [REFERRED TO]
DIRECTOR OF INDUSTRIES U P OTHERS VS. DEEP CHAND AGARWAL [REFERRED TO]
D S NAKARA VS. UNION OF INDIA [REFERRED TO]
SENIOR SUPERINTENDENT OF POST OFFICES ALLAHABAD VS. IZHAR HUSSAIN [REFERRED TO]
SYNTHETICS AND CHEMICALS LIMITED VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF UTTAR PRADESH VS. SYNTHETICS AND CHEMICALS LIMITED [REFERRED TO]
SHANKER MOTIRAM NALE VS. SHIOLALSING GANNUSING RAJPUT [REFERRED TO]
DHONDIRAM TATOBA KADAM VS. RAMCHANDRA BALWANTRAO DUBAL [REFERRED TO]
S NAGARAJ CHIKKA CHANNAIAH S RAMAIAH M SHANKARAIAH VS. STATE OF KARNATAKA [REFERRED TO]
KHODAY DISTILLERIES LIMITED VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF ANDHRA PRADESH VS. MCDOWELL AND CO [REFERRED TO]
UNION OF INDIA VS. G GANAYUTHAM [REFERRED TO]
BABU PARASU KAIKADI VS. BABU [REFERRED TO]
GREEN VIEW TEA AND INDUSTRIES VS. COLLECTOR GOLAGHAT ASSAM [REFERRED TO]
N BHARGAVAN PILLAI VS. STATE OF KERALA [REFERRED TO]
NIRMAL JEET KAUR VS. STATE OF MADHYA PRADESH [REFERRED TO]
BOARD OF CONTROL FOR CRICKET INDIA VS. NETAJI CRICKET CLUB [REFERRED TO]
ZEE TELEFILMS LTD VS. UNION OF INDIA [REFERRED TO]
I R COELHO VS. STATE OF TAMIL NADU [REFERRED TO]
BHARAT PETROLEUM CORPN LTD VS. MADDULA RATNAVALLI [REFERRED TO]
BHANUMATI VS. STATE OF UP [REFERRED TO]
STATE OF ASSAM VS. RIPA SARMA [REFERRED TO]



Cited Judgements :-

CHET RAM & ANOTHER VS. STATE OF HIMACHAL PRADESH & OTHERS [LAWS(HPH)-2018-7-178] [REFERRED TO]
PROGRESSIVE CONSTRUCTIONS LTD VS. STATE OF ANDHRA PRADESH REVENUE (CT)-I, DEPARTMENT, REP , BY ITS PRINCIPAL SECRETARY TO GOVERNMENT AND OTHERS [LAWS(APH)-2017-11-73] [REFERRED TO]
RAMABHAI DEVABHAI ODEDARA VS. STATE OF GUJARAT [LAWS(GJH)-2021-1-202] [REFERRED TO]
PANCHU MANDAL VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2016-9-47] [REFERRED TO]
UJJWAL KUMAR SINGHA VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2017-1-112] [REFERRED TO]
TATYASAHEB RANCHANDRA KALE VS. NAVNATH TUKARAM KAKDE [LAWS(BOM)-2014-10-109] [REFERRED TO]
CHANDRAKANT VISHRAM CHAVAN VS. UNION OF INDIA AND ORS. [LAWS(BOM)-2016-2-81] [REFERRED TO]
TANUJA BEGAM LASKAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-3-75] [REFERRED TO]
MD. NOJIBUR RAHAMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-8-5] [REFERRED TO]
KANTILAL JIVABHAI PATEL SINCE DECD VS. STATE OF GUJARAT THRO SECRETARY & 1 [LAWS(GJH)-2015-10-237] [REFERRED]
SHARDABEN HARSUBHAI BAROT VS. STATE OF GUJARAT & 28 [LAWS(GJH)-2016-9-26] [REFERRED]
MUKUND L. ABHYANKAR VS. CHIEF EXECUTIVE OFFICER, NATIONAL FEDERATION OF URBAN CO-OP. BANK AND CREDIT SOCIETIES LTD. [LAWS(DLH)-2017-5-46] [REFERRED TO]
ANUJ KUMAR VS. STATE OF U.P. [LAWS(ALL)-2023-2-87] [REFERRED TO]
MARIAM BEEVI VS. SECRETARY [LAWS(KER)-2017-3-176] [REFERRED TO]
RAZIA SULTANA VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-2-40] [REFERRED TO]
SWAPAN BANERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-9-88] [REFERRED TO]
PABITRA KAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-7-26] [REFERRED TO]
NARGIS PARBHIN BEGUM VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2017-12-60] [REFERRED TO]
V. SETHURAMAN VS. THE STATE AND ORS. [LAWS(MAD)-2015-2-157] [REFERRED TO]
RUCHI INFRASTRUCTURE LIMITED VS. UNION OF INDIA [LAWS(KER)-2016-7-194] [REFERRED TO]
GOVT. OF NCT OF DELHI VS. M/S. K.L. RATHI STEELS LIMITED [LAWS(SC)-2023-3-64] [REFERRED TO]
SEEMA SARKAR VS. EXECUTIVE OFFICER [LAWS(SC)-2019-5-4] [REFERRED TO]
THE MUZAFFUR PROPERITES PVT. LTD. VS. SAHIBA HASAN AND ORS. [LAWS(PAT)-2015-11-7] [REFERRED TO]
NANDITA DAS VS. STATE OF ASSAM [LAWS(GAU)-2015-9-128] [REFERRED]
PUTUL GAYEN & ORS. VS. PIJUSH BAIRAGI & ORS. [LAWS(CAL)-2016-9-170] [REFERRED TO]
SUSAMA MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-4-81] [REFERRED TO]
SHIVANGIBEN CHETANKUMAR PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2018-5-29] [REFERRED TO]
BHAVANBHAI BHARABHAI BHARWAD VS. STATE OF GUJARAT [LAWS(GJH)-2016-12-45] [REFERRED TO]
HIGH COURT OF GUJARAT VS. STATE OF GUJARAT [LAWS(GJH)-2014-9-166] [REFERRED TO]
MAHANTH RAMESH GIRI VS. STATE OF BIHAR [LAWS(PAT)-2024-5-11] [REFERRED TO]
A.K. OJHA VS. LIFE INSURANCE CORPORATION OF INDIA AND ORS. [LAWS(PAT)-2016-3-16] [REFERRED TO]
SUNDARA PANDIAN KALIDASAN VS. STATE OF TELANGANA [LAWS(TLNG)-2021-6-18] [REFERRED TO]
NANGAL JARIALAN, COOPERATIVE AGRICULTURE SERVICE SOCIETY LTD. AND ANOTHER VS. STATE OF H.P. AND OTHERS [LAWS(HPH)-2016-12-30] [REFERRED TO]
BAPI HALDER & ORS VS. MONORANJAN NASKAR & ORS [LAWS(CAL)-2016-9-196] [REFERRED TO]
SAMPA RANI (MANDAL) SINHA VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-8-76] [REFERRED TO]
PURNANSHU OJHA & OTHERS VS. STATE OF U.P. THRU. PRIN. SECY. PANCHAYAT RAJ & OTHERS [LAWS(ALL)-2018-4-560] [REFERRED TO]
ABDULKHADER, VS. INTELLIGENCE OFFICER DEPARTMENT OF COMMERCIAL TAXES [LAWS(KER)-2016-8-229] [REFERRED TO]
PRAMILA KABITA NAYAK VS. THE DIRECTOR, SOUTH EASTERN CIRCLE SURVEY OF INDIA [LAWS(ORI)-2014-12-14] [REFERRED TO]
LAXMI ORAON VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-8-79] [REFERRED TO]
ABDUL HAMID MOLLA AND OTHERS VS. THE STATE OF WEST BENGAL AND OTHERS [LAWS(CAL)-2018-2-165] [REFERRED TO]
SHIVANGIBEN CHETANKUMAR PATEL VS. STATE OF GUJARAT AND 13 [LAWS(GJH)-2017-4-330] [REFERRED TO]
THE GARO HILLS AUTONOMOUS DISTRICT COUNCIL VS. MODY M. SANGMA [LAWS(MEGH)-2014-11-6] [REFERRED TO]
DARLA ANAND VS. STATE OF TELANGANA [LAWS(TLNG)-2022-5-3] [REFERRED TO]
DARLA ANAND VS. STATE OF TELANGANA [LAWS(TLNG)-2022-5-12] [REFERRED TO]
V GOPALAKRISHANAN VS. STATE OF KERALA [LAWS(KER)-2017-6-182] [REFERRED TO]
FARIDA BIBI VS. THE STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2016-9-173] [REFERRED TO]
SUJATA BHACHHAR (KIRTONIA) VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2017-3-48] [REFERRED TO]
PARIMAL SARKAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2017-6-13] [REFERRED TO]
P. NENGKHANCHIN VS. STATE OF MANIPUR [LAWS(MANIP)-2021-9-1] [REFERRED TO]
UNION OF INDIA VS. BINAY CHETRI [LAWS(MEGH)-2014-12-1] [REFERRED TO]
D.N. SINGH VS. COMMISSIONER OF INCOME TAX, CENTRAL, PATNA [LAWS(PAT)-2017-12-152] [REFERRED TO]
BINDESHWAR MANDAL VS. BIHAR STATE POWER [LAWS(PAT)-2019-3-162] [REFERRED TO]
NABA KUMAR MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-8-8] [REFERRED TO]
INFIZ ALAM VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-8-12] [REFERRED TO]
SUSAMA VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-8-70] [REFERRED TO]
SANTARA KHATUN VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-9-91] [REFERRED TO]
BHATTIPROLU GRAM PANCHAYAT & OTHERS VS. THE DISTRICT COLLECTOR (PANCHAYAT WING) GUNTUR, GUNTUR DISTRICT & OTHERS [LAWS(APH)-2016-1-7] [REFERRED TO]
JOHN JOSEPH VS. STATE OF KERALA [LAWS(KER)-2020-9-28] [REFERRED TO]
VIPULBHAI M. CHAUDHARY VS. GUJARAT COOPERATIVE MILK MARKETING FEDERATION LTD. AND ORS. [LAWS(SC)-2015-3-101] [REFERRED TO]
SAU. SANGEETA W/O SUNIL SHINDE VS. STATE OF MAHARASHTRA [LAWS(SC)-2021-9-2] [REFERRED TO]


JUDGEMENT

SURINDER SINGH NIJJAR, J. - (1.)LEAVE granted.
(2.)THESE appeals are directed against the judgment and order passed by the High Court of Judicature at Allahabad (Lucknow Bench) in Review Petition No.103 of 2013 on 4th July, 2013 dismissing the review petition filed by the appellant.
Since the issues raised in these appeals are pristinely legal, it would not be necessary to make a detailed reference to the facts, leading to the filing of the present appeals. Even otherwise, the High Court in the impugned judgment has made an elaborate survey of the facts. Therefore, it is unnecessary to repeat the same. However, the foundational facts for challenging the impugned judgment of the High Court are recapitulated for ready reference.

(3.)THE appellant successfully contested the election held in October, 2010 for becoming a Member of the Zila Panchayat, Sitapur, U.P. 62 candidates were elected as the Members of the Zila Panchayat including the appellant and respondents 5 to 37. On 12th December, 2010, the appellant was elected as Adhyaksh of the Zila Panchayat, Sitapur. On 30th October, 2012, a notice of proposed Motion of No Confidence was given to the Collector, Sitapur for calling a meeting under Section 28 of the U.P. Kshettra Panchayat & Zila Panchayat Act, 1961 (for short 'the Act '). The notice calling for a Motion of No Confidence was signed by 37 members. The legal requirement under Section 28(2) is that a motion expressing want of confidence in the Adhyaksh must be signed by not less than half of the total number of elected members. On 31st October, 2012, the Collector, Sitapur issued a notice informing the elected members that a meeting for considering the Motion of No Confidence will be held on 23rd November, 2012.


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