- (1.) S. P. Srivastava, J.-Heard the learned counsel for the petitioner and the learned standing counsel representing the respondents.
(2.) PERUSED the record. Feeling aggrieved by an order dated 28.10.1996, passed by the District Panchayat Raj Officer, Moradabad where under fixing 18.11.1996 as the date for the meeting of the Gram Panchayat for considering the motion of no confidence received by the said authority on 22.10.1996 under the presidentship of Assistant Development Officer, Panchayat who was directed to ensure that the notice of the date fixed for the meeting be served at least 15 days before the date fixed for the meeting to all the elected members, the petitioner has now approached this Court seeking redress praying for the quashing of the said notice. From the assertions made in the writ petition, it is apparent that an application dated 6.9.1996 was submitted before the District Panchayat Raj Officer, Moradabad praying that imposing restraint on the financial powers of the Pradhan, the proceedings for consideration of the motion of no confidence against him be initiated. This application purports to bear the signatures of nine members of the Gram Panchayat out of a total number of eleven members of the Gram Panchayat whose names are disclosed in Annexure 5 to the writ petition.
(3.) IN the order dated 28.10.1996, the District Panchayat Raj Officer has observed that the aforesaid application was presented by three members of the Gram Panchayat to him personally on 22.10.1996. The learned counsel for the petitioner has urged that no notice as required under Section 14 of the U. P. Panchayat Raj Act. 1947 for the purpose of consideration of the motion of no confidence has been given. It has been urged that the application of nine members of the Gram Panchayat itself is dated 6.9.1996 and the order for convening the meeting of the Gram Panchayat for the consideration of the motion of no confidence fixing 18.11.1996 for the purpose ; itself had been issued on 28.10.1996 and it is the date 6.9.96 which has to be taken as the date furnishing the starting point for computing the period of thirty days as contemplated under Rule 33B of the rules framed under the Act as amended which period had expired much before 28.10.1996 on which dated the order had been passed by the District Panchayat Raj Officer. As such, it is contended that the said order and the proceedings consequent thereupon are clearly without Jurisdiction.;