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.