- (1.) The petitioner, who is Pramukh of Kshettra Panchayat Harraiya in the district of Basti, has filed this writ application challenging the notice issued in Annexure 2 dated 18.06.2013 by the District Magistrate Basti for holding a no-confidence meeting on 5th July, 2013.
(2.) The case of petitioner is that in terms of the provisions contained in the U.P.Kshettra Panchayat and Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as 'the Act'), the election of the Block Pramukh for Harraiya block in the district of Basti took place on 22.12.2010. He was elected as Block Pramukh by the members of Kshettra Panchayat and took oath as such on 29.03.2011. The Kshettra Panchayat Harraiya consists of 71 members including the petitioner. 46 members out of total 71, served a notice of motion before the District Magistrate, Basti on 17.06.2013 requesting to fix a date for holding no-confidence meeting. Though it is alleged in the writ petition that the District Magistrate on the basis of such notice given by 41 members, fixed the date for holding no-confidence meeting on 5th July, 2013 and issued notices to the petitioner and other members on 18th June, 2013, from record produced by the learned counsel for State it appears that notices were sent by the District Magistrate on 20th June, 2013. Challenging said notice, this writ application has been filed on the ground that there was no motion for holding a no-confidence meeting and the letter written by 41 members to the Collector under Annexure 1 is only a letter seeking permission to hold the no-confidence meeting. Therefore, in the writ petition the only ground taken by the petitioner is that there was no motion in terms of Section 15 of the Act and therefore, the District Magistrate could not have issued notice to the petitioner and other members fixing the date for holding the no-confidence meeting on 5th July, 2013.
(3.) In course of hearing when the learned Standing Counsel produced record, it was found that notices were sent to the members on 20th June, 2013 by the District Magistrate. Accordingly, though no such ground was taken in the writ petition, Sri M.D.Singh Shekhar, learned senior counsel appearing for the petitioner also argued that 15 clear days notice as provided under Section 15 of the Act had not been given for holding the no-confidence motion. On the above two grounds prayer made is to set aside the notice as well as no-confidence meeting which has already been held on 5th July, 2013.;