B.S.CHAUHAN, J. - (1.) THIS writ petition has been filed for quashing the impugned notice dated 3.9.2003 (Annexure -4), issued by the respondent No. 2, to convene the meeting for considering no -confidence motion against the petitioner on 22.9.2003.
(2.) THE facts and circumstances giving rise to this case are that petitioner was elected on 8.3.2001, as a Kshettra Pramukh of Block, Hasiyan, District Mahamaya Nagar. Members, more than required for the purpose of the said Kshetra Panchayat gave notice to the District Collector (Respondent No. 2) of no -confidence motion against the petitioner on 30.6.2003. The notice was issuing to all the members for holding the meeting on 21.7.2003. However, for some reason the meeting was not held and has been scheduled to be held on 22.9.2003, which is being challenged on the ground that it was mandatory for the Respondent No. 2 to hold the meeting within 30 days from the date of receipt of the notice, i.e., from 30.6.2003, and as the notice has lapsed, the meeting for no -confidence motion cannot be held under the provisions of U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as Adhiniyam, 1961). Shri Ravi Kant, learned Senior Advocate appearing for the petitioner has submitted that under Section 15 of the Adhiniyam, 1961, a motion expressing no -confidence in the Pramukh or Up -Pramukh is to be considered in a meeting on the date appointed by the Collector, which shall not be later than 30 days from the day on which the notice under sub -section (2) of Section 15 was delivered to him, and in the instant case, as the notice had been served upon him on 30.6.2003, he cannot be permitted to hold the meeting on 22nd September, 2003 and as the said notice stood lapsed, the impugned notice for holding the meeting on 22.6.2003 is liable to be quashed.
(3.) ON the contrary, the learned standing Counsel appearing for the respondent Nos. 1 to 4 and Shri Vijendra Singh, learned Counsel appearing for the Respondent No. 5 have submitted that there has been delay in holding the meeting as petitioner himself, had asked the District Collector to have an investigation regarding the genuineness of the signatures on the notice served upon him, and if there is a lapse on the part of the statutory authorities, that cannot vitiate the proceedings. No prejudice can be shown by the petitioner to have been caused to him and thus, no interference is called for in the matter and petition is liable to be dismissed.;