SAEED-UZ-ZAMAN SIDDIQI, DEVI PRASAD SINGH, J. - (1.) INSTANT writ petition under Article 226 of the Constitution of India, has been preferred against the motion of no-confidence from the members of Kshetra Panchayat, constituted under the Uttar Pradesh Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961 (in short the Act).
(2.) THE petitioner was elected as Pramukh of Kshetra Panchayat, Bihar, District Pratapgarh and administered oath of the Office on 18.3.2011 and certificate was issued indicating his status on 22.12.2010 a copy of which is annexed as Annexure No.1 to the writ petition. The Kshetra Panchayat constituted under the Act, has been conferred jurisdiction to discharge its obligation under the Act for over all development and supervisory work of the rural area falling in the district. The Kshetra Panchayat is constituted under Section 6 of the Act which contains Pradhan of the Gram Panchayat and elected members. The term of the Office of Kshetra Panchayat is 5 years under Section 8 of the Act from the date appointed for its first meeting and no longer. Under Section 10 of the Act, it shall be obligatory for State Government to make necessary arrangement for the Constitution of Kshetra Panchayat for every Khand. The motion of no-confidence against the Pramukh, may be moved after expiry of one year from the date appoint from its first meeting in view of the provisions contained in sub-section (13) of Section 15 of the Act. Sri J.N. Mathur, learned Senior Counsel, apprised the Court that earlier, period for motion was two years but by an amendment in the year 2007, by Act No.44 of 2007, it was reduced to one year. It has further been submitted that the U.P. Kshetra Panchayat and Zila Panchayat (Amendment) Bill, 2011 was passed by both the Houses of State Legislature in the year 2011, again substituting the period of one year by two years. Learned Senior Counsel informed that the House of State Legislative Assembly had proposed the bill on 10.8.2011, whereas, the State Legislative Council has re-affirmed the Bill on 11.8.2011 and on the very next day and, it was sent to His Excellency, the Governor for assent in compliance of Article 200 of the Constitution. The submission is that till date, His Excellency, the Governor has neither granted the assent nor returned the same keeping in view the mandate of Article 200 of the Constitution.
(3.) DURING the course of argument, it has not been disputed that the Bill in the U.P. State Legislative Assembly, was introduced on 10.8.2011 and passed by the House on 11.8.2011. The proceeding has been filed as Annexure No.7 to the writ petition. The requisition for motion of no-confidence in pursuance of Section 15 (supra), was moved on 9.4.2012 of the Kshetra Panchayat Bihar District Pratapgarh by 75 members. In consequence thereof, the District Magistrate, Pratapgarh, by the impugned order dated 11.4.2012, directed the S.D.M., Tahsil Kunda, District Pratapgarh to convene a meeting of Kshetra Panchayat on 4.5.2012 for discussion.;