B.P.Singh, J. - (1.) Both these writ petitions are being disposed of by this judgment as they were heard together. Writ Petition No. 8460 of 1990 was filed by Sri J. N. Kaul, who was elected as President of Zila Parishad, Lucknow from 25.1.1989, on 27.8.1990 for a writ of certiorari to set aside the notification dated 16th April, 1990 and the general information dated 14th January, 1989 so far as they related to opposite parties No. 2 and 3. It was also prayed that the names of opposite parties Nos. 2 and 3 be deleted from the list of members of Zila Parishad, Lucknow and they may be restrained from functioning as members of Zila Parishad, Lucknow. The prayer for a writ of quo-warranto was also made directing the respondents Nos. 2 and 3 not to function as members. A prayer in the nature of a writ of mandamus was also prayed for directing opposite parties No. 2 and 3 not to vote against the petitioner in respect of a no confidence motion which was going to be held in the near future. No restraining interim order was passed in writ petition No. 8460 of 1990.
(2.) On 17th August 1990 Sri Bhagwati Singh, M. L. C., Lucknow had given notice to the Collector, Lucknow under Section 28 of U. P. Kshhetra Samiti and Zila Parishad Adhiniyam, 1961 (hereinafter referred to as the Adhiniyam for the sake of brevity) regarding no-confidence motion against the petitioner. This motion of no-confidence was signed by 36 members of Zila Parishad, Lucknow. On 28th August, 1990 Collector, Lucknow, who is also an ex officio District Election Officer, Lucknow, issued notices through registered post to all the members of the Zila Parishad, Lucknow, including the petitioner, intimating that a meeting, to consider the motion of no-confidence moved against the petitioner, would be held on 14th September, 1990 at 11 a.m. in the Zila Parishad Office, Lucknow. Along with the notice dated 28th August, 1990 a photostat copy of the no-confidence motion presented by Sri Bhagwati Singh on 17th August, 1990 containing the signatures of 36 members of Zila Parishad was also sent to every member of the Zila Parishad. A copy of the said notice dated 28th August, 1990 was also posted on the notice board of the Zila Parishad in accordance with the rules framed under the Adhiniyam.
(3.) On 24th August, 1990, before issuing notice dated 28th August, 1990, Collector, Lucknow had requested the District Judge, Lucknow for nominating a judicial officer to preside over the intended meeting of no-confidence as required under sub-section (4) of Section 28 of the Adhiniyam. On 25th August, 1990 District Judge, Lucknow had nominated Sri Sushil Kumar Srivastava, IInd Additional District Judge, Lucknow as Presiding Officer of the meeting for considering the no-confidence motion against the petitioner. The date 14th September, 1990 was fixed by Collector, Lucknow on 25th August, 1990.;