- (1.) GENESIS giving rise to the present petition is the order dated 11-4-1997 passed by the District Panchayat Raj Officer, Budaun whereby the meeting of the Gram Panchayat was convened under Section 14 of the U. P. Panchayat Raj Act 1947 read with Rule 33-B of the U. P. Panchayat Raj Rules as amended up to date, on 30th April, 1997 for discussion and voting on the motion of no confidence moved against the petitioner, who happens to be the Pradhan of Gram Panchayat Sichauli in district Budaun.
(2.) THE learned counsel for the petitioner began his arguments, convassing that resort to proceeding of no confidence motion against the petitioner was barred by Sec. 14 (3) of the Act, which postulates that if the motion is not taken up for want of quorum or fails for lack of requisite majority at the meeting, no subsequent meeting for the removal of the same Pradhan shall be convened within a year of the date of the previous meeting. A perusal of the record bespeaks that previous notice of intention to move a motion for removal of the petitioner could not culminate into a meeting for discussion and voting on the motion. As a matter of fact, the earlier proceeding appears to have been dropped as a result of preliminary enquiry held at the behest of the Distt. Panchayat Raj Officer, Budaun. In this perspective, the bar created by sub-sec. (3) of Sec. 11 of the Act would not come into play. The next question of law raised in this petition, is whether Sec. 14 of the U. P. Panchayat Raj Act, 1947, as it stands amended by U. P. Act 9 of 1994, providing for removal of the Pradhan of Gram Panchayat infringes upon any tenets of the basic principle of self-Government as enshrined in Part IX of the Constitution which has been inserted by the Constitution (Seventy-Third Amendment) Act, 1992. The submission advanced by the learned counsel for the petitioner is that since the Pradhan of Gram Panchayat is elected by the persons enlisted in the electroal roll prepared for the territorial constituency of the concerned Panchayat Area from amongst themselves, his removal by members of the Gram Panchayat would be impermissible. It is urged by the counsel for the petitioner that according to the scheme visualised by the Consitution (73rd Amendment) Act, 1992, the Gram Panchayat has exalted itself to be a self-Govt. at the village level and since the term of the Pradhan of the Gram Panchayat is co-terminus with that of the Gram Panchayat, his removal by the members of the Gram Panchayat, would be fraught with the insidious consequences of striking at the very basic feature of the self- Government. In opposition, the learned standing counsel propounded that removal of Pradhan by Gram Panchayat is legally permissible vis-a-vis Sec. 14 of the Act which is a constitutionally valid provision.
(3.) I have bestowed my thoughtful consideration to the submission advanced across the Bar. Sec. 14 of the Act being relevant for the specific purpose of discussion on the controversy involved in the instant petition is excepted below: "14. Removal of Pradhan or Up-Pradhan (1) The (Gram Panchayat) may at a meeting specially convened 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 Pradhan 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 requisite majority at the meeting, no subsequent meeting for the removal of the same Pradhan shall be convened within a year of the date of the previous meeting. (4) Subject to the provisions of this section, the procedure for the removal of a Pradhan including that to be followed at such meeting shall be such as may be prescribed. " The procedure for removal by no confidence motion is prescribed by Rule 33-B of the U. P. Panchayat Raj Rules, 1947, Rule 33-B as amended by the U. P. Panchayat Raj (14th Amendment) Rules, 1996 in so far as it is germane to the controversy involved in this petition, may be extracted below: "33-B. (1) Procedure for removal of Pradhan or Up-Pradhan - A written notice of the intention to move a motion for removal of the Pradhan or Up-Pradhan under Section 14 of the Act shall be necessary. It shall be signed by not less than one half of the total number of members of the Gram Panchayat and shall state the reasons for moving the motion and it shall be delivered in person by at least three members signing the notice to the District Panchayat Officer. Before proceeding further on the notice, the District Panchayat Raj Officer shall satisfy himself regarding genui-neness of signatures of the members signing the notice. (2) The District Panchayat Raj Officer shall convene a meeting of the Gram Panchayat under Section 14 of the Act, on a date to be fixed by him which shall not be later than thirty days from the date of the receipt of the notice. The meeting so convened shall be presided over by the District Panchayat Raj Officer or the person authorised by him in writing in this behalf. The Presiding Officer may take such clerical assistance for conducting the proceedings of the meeting for the consideration of the motion as he may deem necessary. (3) The Presiding Officer shall read to Gram Panchayat the notice received by him. He shall then allow the motion to be moved and discussed. Such discussion shall terminate on the expiry of two hours appointed for the commencement of the meeting unless it is concluded earlier. Upon the conclusion of the debate or upon the expiry of said period of two hours, as the case may be, the motion shall be put to vote. Voting shall be by secret ballot. (4) The Presiding Officer shall not speak on the merit of the motion, nor shall he be entitled to vote thereon. . . . . . . . . . . . . . ";