- (1.) Part IX of the Constitution makes provisions in regard to Panchayats. Part IX was introduced by the Constitution (Seventy-third) Amendment Act, 1992 which came into force on 24 April 1993. Article 243 (c) defines the expression "intermediate level" as a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of the Part. Article 243-B (1) requires the constitution in every State of Panchayats at the village, intermediate and district levels in accordance with the provisions of the Part. The present reference to Full Bench relates to the construction of the provisions of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961(Act of 1961), more particularly Section 15 which relates to motion of no confidence against a Pramukh of a Kshettra Panchayat. A Kshettra Panchayat is an elected body at the intermediate level.
(2.) The reference was occasioned by a referring order of a Division Bench of this Court dated 10 January 2014 (in Writ C No 1518 of 2014) by which the following issue has been placed for consideration:
(3.) Whether the District Magistrate or the competent authority under the U P Kshetra Panchayat and Zila Panchayat Act, 1961 while proceeding to entertain a notice for tabling a no confidence motion under Section 15 thereof against the Block Pramukh, can exercise his discretion for examining the genuineness or veracity of the signatures endorsed by the members, and as to whether there is a direct conflict on principles in the judgments of this Court on the issue.;