- (1.) S. P. Srivastava, J. Heard the learned counsel for the petitioner and the learned Standing counsel representing respondents No. 1 and 2.
(2.) PERUSED the record. Feeling aggrieved by the notice dated 17-10-96 issued by the District Panchayat Raj Adhikari, Agra acting in the exercise of the jurisdiction envisaged under Section 14 of the U. P. Panchayat Raj Act, 1947 read with Rule 33-Kha (1) (2) of the Rules framed there under intimating the petitioner that a meeting for consider ing the motion of no confidence received against him will be held on 13-11-96 under the Presidentship of the Assistant Development Officer, Sainya indicating the procedure to be adopted in holding the meeting and consideration of the motion of no confidence, the petitioner has now approached this Court seeking redress praying for the quashing of the aforesaid notice. Gram Panchayat, Bhilwali consists of Pradhan and thirteen members, the petitioner had been elected as Pradhan of Gram Panchayat, Bhilwali By persons registered in the electoral rolls for the territorial constituencies of the Panchayat area.
(3.) UNDER the provisions contained in the Constitution (Seventy- third Amend ment) Act, 1992 which received the assent of the President on 20-4-93 after Part VIII of the Constitution a new part IX was inserted in the Constitution. This part re lates to the Panchayats. The provisions relevant for the purposes of considering the controversy raised in this case may be referred to at this stage. UNDER the provisions contained in newly inserted part IX of the Constitution, Gram Sabha means "a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level and Panchayat means" an institution (by whatever name called) of self government constituted under Article 243-B, for the Rural areas. Article 243-C provides that subject to the provisions contained in Part IX of the Constitution the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats subject to the conditions provided there under. Article 243- C (5) provides that the Chair person of a Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide. Article 243-F provides that every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date ap pointed for its first meeting and no longer. The provisions contained in Article 243-N stipulate that notwithstanding anything in part IX any provision of any law relating to panchayats in force in a State immediately before the commencement of the Constitution (Seventy Third Amendment) Act, 1992 which is inconsistent with the provisions of that part, shall continue to be in force until amended or repealed by a competent Legislature or other com petent authority or until the expiration of one year from such commencement, whichever is earlier. After the enforcement of the Con stitution (Seventy Third Amendment) Act, 1992 the State Legislature amended the provisions contained in the U. P. Panchayat Raj Act, 1947 and the rules framed there under. Section 14 of the U. P. Panchayat Raj Act, 1947 was amended by U. P. Act No. IX of 1994 and as amended it reads as follows: 14. Removal of Pradhan and Up-Prad-han.- (1) The Gram Panchayat may, at a meet ing specially convene for the purpose and of which at least 15 days' previous notice shall be given, remove the Pradhan by a majority of two thirds of the members present and voting. (2) A meeting for the removal of a Prad han shall not be convened within one year of his election. (3) If the motion is not taken up for want of quorum or fails for lack of requisits majority at the meeting, no subsequent meeting for the removal of the same Pradhan shall be convened within ayear of the date of the previous meeting. (4) Subject to the provisions of this sec tion, procedure for the removal of a Pradhan, including that to be followed at such meeting, shall be such as may be, prescribed.;