- (1.) The petitioner has called in question a notice dated 13.05.2017 issued by District Magistrate, Mainpuri convening meeting of the members of the Kshetra Panchayat Sultanganj, Block Sultanganj, district Mainpuri on 5.06.2017 at 11:00 a.m. for consideration of a motion of no confidence against the petitioner.
(2.) The petitioner is Pramukh of Kshetra Panchayat Sultanganj having been elected in February 2016. The procedure for bringing a no confidence motion against Pramukh or Up-Pramukh of the Kshetra Panchayat is laid down by Section 15 of the U.P. Kshetra Panchayats and Zila Panchayats Adhiniyam, 1961 the Adhiniyam, the relevant part whereof is as under:- "15. Motion of non-confidence in Pramukh or Up-Pramukh. - (1) A motion expressing want of confidence in the Pramukh or any Up-Pramukh of a Kshettra Panchayat may be made and proceeded with in accordance with the procedure laid down in the following sub-sections. (2) A written notice of intention to make the motion in such form as may be prescribed, signed by at least half of the total number of elected members of the Kshettra Panchayat for the time being together with a copy of the proposed motion, shall be delivered in person, by any one of the members signing the notice, to the Collector having jurisdiction over the Kshettra Panchayat. (3) The Collector shall thereupon:- (i) convene a meeting of the Kshettra Panchayat for the consideration of the motion at the office of the Kshettra Panchayat on a date appointed by him, which shall not be later than thirty days from the date on which the notice under subsection (2) was delivered to him; and (ii) give to the elected member of the Kshettra Panchayat notice of not less than fifteen days of such meeting in such manner as may be prescribed. Explanation. - In computing the period of thirty days specified in this sub-section, the period during which a stay order, if any, issued by a Competent Court on a petition filed against the motion made under this section is in force plus such further time as may be required in the issue of fresh notices of the meeting to the members, shall be excluded."
(3.) Thus, for bringing a no confidence motion (i) a written notice of intention to make the motion in such form as may be prescribed, (ii) signed by at least half of the total number of the elected members of the Kshetra Panchayat for the time being (iii) together with a copy of the proposed motion, (iv) shall be delivered in person, by any one of the members signing the notice, to the Collector having jurisdiction over the Kshetra Panchayat. Upon fulfilment of the aforesaid requirements, the Collector shall convene a meeting of the Kshetra Panchayat for consideration of the motion at the office of the Kshetra Panchayat on a date appointed by him, which shall not be later than thirty days from the date on which notice under sub-section (2) was delivered to him by giving to the elected members of the Kshetra Panchayat notice of not less than 15 days of such meeting in such manner as may be prescribed.;