DILIP GUPTA,J. - (1.) The petitioner, who was elected as Pramukh of Kshettra Panchayat Budhanpur Sheohara in district Bijnor has filed this petition for quashing the notice dated 9 June 2017 issued by the Collector for convening a meeting of the members of the Kshettra Panchayat on 29 June 2017 at 11:00 am in the office of the Kshettra Panchayat for consideration of the proposed motion of no confidence against the petitioner.
(2.) It is stated that the petitioner was elected as a member of the Kshettra Panchayat on 29 October 2015 and thereafter was elected as Pramukh on 18 March 2016. Out of the 93 members of the Kshettra Panchayat one member died in May 2017 and three members subsequently resigned. Thus, the total strength of the members of the Kshettra Panchayat is 89. On 1 June 2017, 73 members submitted a written notice of intention to make a motion of no confidence against the petitioner before the Collector with a copy of the proposed motion. The Collector, thereafter, issued a notice dated 9 June 2017 to convene a meeting of the members of the Kshettra Panchayat for consideration of the motion of no confidence in the office of Kshettra Panchayat on 29 June 2017 at 11:00 am. This petition has been filed to assail the said notice.
(3.) Sri Arun K Singh Deshwal, learned counsel appearing for the petitioner has submitted that (i) the written notice of intention to make the motion was not accompanied by the proposed motion and, therefore, the Collector could not have issued the notice for convening a meeting of the members of the Kshettra Panchayat on 29 June 2017; (ii) the documents which have been enclosed with the counter affidavit cannot be termed as a copy of the proposed motion; (iii) on 3 June 2017, an application supported by fifty two affidavits sworn on 29 May 2017 by the elected members was submitted before the Collector with a prayer that the affidavits may be considered before issuing the notice, but the Collector failed to take into consideration the application and the affidavits before issuing the notice; (iv) the names of three members, namely Kaushalya wife of Rajesh, Smt. Dharmwati wife of Sheo Singh, and Kewal Singh son of Ram Swaroop Singh were repeated twice in the application dated 1 June 2017 submitted to the Collector only to increase the number of members; and (v) the name of Avanish Kumar son of Suresh Kumar is mentioned at Serial No.66, even though there is no member by this name and there are no signatures or thumb impression of Ashwani Kumar and Rizwan Masood in the said written notice. ;