V.K. Khanna, J. - (1.) THE Petitioner in this writ petition is the duly elected pramukh of Kshetriya Samiti Bhaujipura district Bareilly. A notice for motion of no confidence was given to the Collector Bareilly on 17 -3 -1990 by respondent No. 3 which was supported by other members of Kshetriya Samiti as well. The Collector Bareilly at the first instance verified the signatures of the members who were said to be supporting the notice for motion of no confidence. The meeting for consideration of motion of no confidence was actually fixed for 2nd July 1990. At the admission stage counter has been filed on behalf of contesting Respondent Mahendrapal Singh to which rejoinder affidavit has also been filed, and so the present writ petition is being disposed of finally in accordance with the rules of the court.
(2.) LIST has been revised, counsel for the Petitioner is present. However, no one is present on behalf of contesting Respondent No. 3. Standing counsel is present on behalf of Respondents 1 and 2. Learned Counsel for the Petitioner has urged only one point in this respect It has been argued that in view of the specific provision of Section 15(3) of the U.P. Kshetra Samitis and Zila Parishads Adhiniyam, 1961, the meeting was to be held not later than 27th April. 1990 and the meeting having been held on 2nd July 1990 the entire proceedings for consideration of the motion of no confidence are vitiated. Reliance has been placed on an unreported decision of this Court bearing writ petition No. 11791 of 1990, Prabha Shankar Palival v. State of U.P. and Ors. decided on 6th August 1991.
(3.) FOR the purpose of deciding controversy raised in this writ petition it will be useful to quote the relevant part of Section 15(3) of the Adhiniyam, 1961 which runs as follows: (3) The Collector shall thereupon - - (i) covnene a meeting of the Kshetra Samiti for the consideration of the motion at the office of the Kshetra Samiti on a date appointed by him, which shall not be later than thirty days from the date on which the notice under Sub -section (2) was delivered to him, and (ii) give to the members of the kshetra samiti notice of not less than fifteen days of such meeting in such manner as may be prescribed. Explanation : In computing the period of thirty days specified in this sub section, the period during which a stay order, if any, issued by a competent court on a petition filed against the motion made under this section is in force plus such further time as may be required in the issue of fresh notices of the meeting to the members, shall be excluded.;