- (1.) RAJEEV Gupta, C. J. Mr. Tribhuwan Phartiyal, Advocate for the petitioner. Mr. J. P. Joshi, Addl. Chief Standing Counsel for respondents Nos. 1 & 2. Mr. Paresh Tripathi, Advocate for re spondent No. 3. They are heard.
(2.) PETITIONER Souninder Singh Hooda, a member of Zila Panchayat, Udham Singh Nagar, has filed this writ petition for the following reliefs : "i) issue, a writ order or direction in the nature of mandamus com manding and directing the re spondents not to permit the hus bands or relatives of the ladies members to participate and rep resenting in the Zila. Panchayat meeting proceeding. II) issue, a suitable writ order or direc tion in the nature which this Hon'ble Court may deem fit and proper in the circumstances of the case. Ill) Award the cost of the petition. " The petitioner's case is that in the meetings of Zila Panchayat, Udham Singh Nagar, persons other than the members of the Zila Panchayat are per mitted to participate, which is against the express provisions of law. The peti tioner, in the writ petition, has specifi cally averred that one Ishwari Prasad Gangwar, who is husband of Mrs. Sushila Gangwar, Chairman of the Zila Panchayat, participated in the meetings of the Zila Panchayat held on 16-07-2003 and 20-11-2003. Counter affidavit has been filed on behalf of respondents Nos. 1 & 2. For the reasons best known to respond ent No. 3 Chairman, Zila Panchayat, Udham Singh Nagar, no counter affida vit has been filed on behalf of this re spondent though the petition is pending for the last about two years. However, during the course of hearing, Mr. Paresh Tripathi, the learned counsel for respond ent No. 3 adopted the stand taken by respondents Nos. 1 & 2 and the submis sions advanced by Mr. J. P Joshi, the learned Addl. Chief Standing Counsel for respondents Nos. 1 & 2.
(3.) IN the counter affidavit filed on behalf of respondents Nos. 1 & 2, para 3a reads as follows : "3. That before giving parawise reply to the writ petition, it is pertinent to bring some relevant facts of the case for deciding the main controversy in volved in the instant writ petition, which are as under :- A. That in the meeting of Zila Panchayat, Udham Singh Nagar, no one member accept elected member of Zila Panchayat including the Kshettra Panchayat, Pramukh and nominee of Minister to participate in the meeting are allowed nor any hus band or relatives of any family mem bers of Zila Panchayat are allowed in their personal capacity, the husband of Chairman of Zila Panchayat is the nominated / authorized member of Hon'ble Health Minister, Sri Tilak Raj Beher and as per rule, the nominee of the Minister can participate in the meeting only and as such, in view of the above stated facts, the writ petition has been filed by the petitioner with out any cause of action, hence liable to be dismissed on this ground only. " Mr. Tribhuwan Phartiyal, the learned counsel for the petitioner, refer ring to several provisions under Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 (hereinaf ter referred to as 'the Adhiniyam, 1961), contended that the participation of any person, other than the elected or ex-officio members of the Zila Panchayat, is not permissible in law.;