(1.) Heard Sri Arvind Srivastava, Advocate assisted by Sri Abhishek Srivastava, learned counsel for the petitioner, learned Standing Counsel for the respondents no.1, 2, 3 & 4 and Sri M.D. Singh 'Shekhar', learned Senior Advocate assisted by Smt. Kamla Singh, learned counsel for the respondent no.5.
(2.) The petitioner by means of this writ petition has made a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 02.09.2017 issued by the respondent no.2 to the Members of Kshettra Panchayat Paali, Tehsil Sahjanwa, District Gorakhpur (hereinafter referred to as the 'Kshettra Panchayat') informing them about the meeting of the Kshettra Panchayat scheduled to be held on 16.09.2017 to consider the motion of no confidence against the petitioner (Annexure no.14 to the writ petition).
(3.) The facts leading to this writ petition, which are not disputed, are that the petitioner was elected as Pramukh of Kshettra Panchayat in the year 2015. A motion of no confidence was mooted against the petitioner allegedly by 44 members of the Kshettra Panchayat. The respondent no.2 by his order dated 02.09.2017 convened meeting of the Kshettra Panchayat on 18.09.2017 to consider the motion of no confidence against the petitioner. Simultaneously, the Collector issued a notice dated 02.09.2017 to the members as mandated by clause (ii) of sub-Section (3) of Section 15 of the Adhiniyam. The notice dated 02.09.2017 under clause (ii) of sub-Section (3) of Section 15 of the Adhiniyam was, however, dispatched on 04.09.2017 by registered post from Rithua Khor. The notice was also affixed on the notice board on 02.09.2017.