S.N. Dwivedi, J. - (1.) THE Petitioner is the pramukh of a Kshettra Samiti constituted under the Zila Parishad and Kshettra Samitis Act (hereafter called the Act). The total membership of the Kshettra Samiti is 107. But at the time with which we are concerned one of the members was dead and the other had resigned. So at the relevant time the Kshettra Samiti consisted of 105 members only.
(2.) AT that time notice of a motion of no confidence was given to the Collector concerned against the Petitioner. The notice purported to be signed by 56 members of the Kshettra Samiti. The Collector fixed a date for consideration of the motion and issued notice of the motion to the members. The meeting was held on the scheduled date. The motion was passed by 53 members out of 54 members present. The presiding officer declared the motion as having been validly passed by the requisite majority. Hence this petition. Counsel for the Petitioner has urged that signatures of 15 of the members in the notice of the motion of no confidence were procured by fraud. The Petitioner brought this fact to the notice of the Collector. But the Collector did not make any enquiry about the genuineness of the 15 signatures. Seven of the members signing it had submitted an affidavit to the Collector asserting that their signatures were obtained under misrepresentation. He relies on a Division Bench decision of this Court. According to the Division Bench decision the Collector should have made an enquiry. But the said decision has now been over -ruled by a Full Bench decision of this Court. Mathura Prasad v. Assistant District Panchayat Officer, 1966 ALJ 612 :, 1966 AWR 765 (1). According to the Full Bench the Collector has got no power to make any such enquiry. The point therefore fails.
(3.) IT is next urged that four of the persons attending the meeting in which the notice of the motion of no confidence was considered were imposters. This fact is denied by the Respondents in their counter affidavit. It is a question of fact and cannot be enquired into, in the present proceeding. This point also fails.;