- (1.) HEARD Sri Gauri Shanker Upathyay, the learned counsel for the petitioner, the learned Standing counsel for the State and perused the record.
(2.) WE had summoned the records in order to ascertain service of notice upon the members as per Section 15 of the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam 1961.
(3.) IT appears that all the members of Kshetra Panchayat for the purpose of considering of no confidence motion against the petitioner were present on 30.8.2012. Sri Gauri Shanker Upadhyay contends that such notices have to be clearly served in terms of the said provision with clear 15 days available and this having not been done, the no confidence motion carried out against the petitioner on 30.8.2012 is invalid. He further submitted that the election of the respondent no.5 is illegal and not in accordance with U.P. Kshetra Panchayat and Zila Panchat Adhiniyam 1961. In order to verify the aforesaid allegations we summoned the records and we find that the notices were sent by Registered Post on 14.8.2012 to 13 members of the Kshetra Panchayat which has also been stated in the counter affidavit. The total number of the members is 63. Rest of the members are said to have been served through registered post dated 16.8.2012. The date of no confidence motion was fixed for 30.8.2012.;