R.A.Sharma, J. - (1.) Petitioners who are Pradhans of Gaon Sabhas, have filed these writ petitions challenging the orders passed by the District Panchayat Raj Officers fixing dates for meeting of the Gaon Sabha for consideration of motions of no-confidence against the petitioners on the ground that in view of Rule 33-B (2) of the U.P. Pancyayat Raj Rules (hereinafter referred to as the Rules) no meeting for consideration of the moton of no-confidence against a Pradhan can be held after 30 days from the date of the receipt of the notice of motion.
(2.) A Division Bench of this court in Ballu Ram Kushwaha v. Zila Panchayat Raj Adhikari, 1987 UPLBEC 718, has held the provisions of Rule 33-B (2) are mendatory, consequences of which is that motion of no-confidence cannot be passed against the Pradhan after a period of 30 days from the date of receipt of the notice with the result that the notice is rendered ineffective and the Pradhan cannot be removed. Another Division Bench of this court in the case of Devi Singh v. District Panchayat Raj Adhikari, 1987 UPLB EC 745, has on the other hand declared the aforesaid Rule as directory. In view of the conflict of the decisions of the aforesaid two Division Benches of this Court a reference was made to the Full Bench for resolving the controversy relating to the question as to whether Rule 33-B (2) is mandatory or directory.
(3.) Section 14 of the U.P. Panchayat Raj Act (hereinafter referred to as the Act), which deals with the removal of Pradhan by motion of no-confidence is reproduced below : "14. Removal of Pradhan or Up-Pradhan. - (1) The Gaon Sabha may, at a meeting specially convened for the purpose and of which at least 15 days' previous notice shall be given, remove the Pradhan by a majority of two-thirds of the members present and voting. (2) A meeting for the removal of a Pradhan shall not be convened within one year of his election. (3) If the motion is not taken up for want of quorum or fails for lack of requisite majority at the meeting, no subsequent meeting for the removal of the same Pradhan shall be convened within a year of the date of the previous meeting. (4) Subject to the provisions of this section, the procedure for the removal of a Pradhan, including that to be followed at such meeting, shall be such as may be prescribed." Sub-section (4) of Section 14 requires the procedure for removal of Pradhan to be prescribed. Rule 33-B, which provides for procedure for removal of Pradhan, has been framed by the Government. Sub-rules (1) and (2) of Rule 33-B being relevant are reproduced below : "33-B. Procedure for removal of Pradhan or Up-Pradhan. - (1) A written notice of the intention to move a motion for removal of the Pradhan or Up-Pxadhan under Section 14 of the Act shall be necessary. It shall be signed by not less than one half of the total number of members of the Gaon Sabha and shall be delivered in person by at least five members signing the notice to the prescribed authority. (2) The prescribed authority shall convene a meeting of the Gaon Sabha, under Section 14 of the Act, on a date to be fixed by him which shall not be later than thirty days from the date of the receipt of the notice. The meeting so convened shall be presided over by the prescribed authority or the person authorised by him in writing in this behalf. The presiding officer may take such clerical assistance for conducting the proceedings of the meeting for the consideration of the motion as he deems necessary.";