- (1.) Under scrutiny is a notice dated 13.2.2013 issued by the Collector, Gautam Budh Nagar under clause (ii) of subsection (3) of section 15 of the U.P. Kshettra Panchayat & Zila Panchayat Adhiniyam, 1961 (hereinafter referred as the ''Adhiniyam') to the elected members of Kshetra Panchayat, Jewar, District Gautam Budh Nagar (herein after referred to as the ''Kshetra Panchayat') informing them about the meeting of the Kshetra Panchayat scheduled to be held on 1.3.2013 to consider the motion of non-confidence against the petitioner.
(2.) The facts leading to this petition are that a motion of no-confidence was mooted against the petitioner by more than half of the total number of elected members of the Kshetra Panchayat. The Collector thereupon, by his order dated 13.2.2013 convened a meeting of the Kshetra Panchayat on 13.2.2013 to consider the motion of non-confidence against the petitoner. Simultaneously, the Collector issued a notice dated 13.2.2013 to the elected members as mandated by clause (ii) of sub section (3) of section 15 of the Adhiniyam. The notice dated 13.2.2013, under clause (ii) of sub section (3) of section 15 of the Adhiniyam was, however, dispatched to the elected members on 14.2.2013 by E.M.S. speed post from Surajpur, Post Office.
(3.) On 27.2.2013 this Court passed an interim order. The opposite parties were directed not to declare the result of the meeting scheduled to be held on 1.3.2013. The result was ordered to be kept in sealed cover. The order dated 27.2.2013 was modified on 21.3.2013 and it was ordered that the votes be counted and the result be declared, but the same was not to be given effect to, till the decision of the case.;