B.L. Yadav, J. - (1.) By the present petition under Article 226 of the Constitution of India the Petitioner has prayed for a writ of Certiorari quashing the order dated 18.9.85 (Annexure -1 to the petition), passed by the District Panchayat Raj Officer, Respondent No. 1.
(2.) The facts of the case lie in a very narrow compass and they are these. One Cedi was elected as Pradhan of the Gaon Sabha Kowalski, Block Kampur, Distt. Jumper. On 24.8.85 the Petitioner along with four other persons presented a written notice signed by not less than one half of the total members of the Gaon Sabha with the intention to move a motion of no confidence against the Pradhan and the same was delivered to the Prescribed Authority, who immediately convened a meeting to be held on 20.9.85 Under Sec. 14 of the U.P. Panchayat Raj Act, 1947, (for short the Act). He deputed the Assistant Development Officer (Panchayat) to hold an enquiry about the genuineness or otherwise of the signatures made on the notice for the motion of no confidence as he had received some complaints about the signatures on the motion of no confidence being not genuine. He received the report that a number of signatures OB the notice were not genuine and after deducting those signatures the motion of no confidence ceased to remain signed by half of the total number of members of the Gaon Sabha. By the impugned order the meeting fixed for 20.9.85 to discuss the motion of no confidence was cancelled.
(3.) Sri R.P. Goel, learned Counsel for the Petitioner urged that the provisions of Sec. 14 of the Act read with Rule 33B of the U.P. Panchayat Raj Rules (for short the Rule) lead to only one conclusion that after the receipt of notice of the intention to move a motion of no confidence, the Prescribed Authority has no power to either hold an enquiry or to depute somebody else to hold an enquiry on any complaint being received about the genuineness or otherwise of the signatures or thumb marks on the notice. The Respondent No. 1 erred in deputing the Assistant Development Officer (Panchayat) to hold an enquiry. The impugned order based on that report was manifestly erroneous. Reliance was placed on Shiv Ram v/s. District Panchayat Rai Officer, 1983 AWC 970 and Shamburg Singh v/s. District Panchayat Raj Officer, 1984 AWC 781.;