- (1.) THE petitioner has filed a writ petition before the Lucknow Bench of this Court being Writ Petition No. 62 (M/b) of 2008, Rikh Deo Yadav v. state of (J. P. and others, in which the petitioner has prayed for the following reliefs: " (i ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) to issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 24- 12-2007 contained as Annexure 3 to the writ petition. (iv) to issue a writ, order or direction in the nature of mandamus thereby restraining the respondents from proceeding any meeting for No Confidence against the petitioner. (v ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (vi ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2.) THE present writ petition has been reported on 19th Depember, 2007 be fore this Court at Allahabad and has come up for hearing on 4th January, 2008. THE matter was directed to come up on 7th January, 2008 and on 7th January, 2008 was directed to come up today at the request of Counsel for the parties. Sri P. M. Saxena, learned Counsel appearing for respondents No. 3 to 7, has informed this Court and has brought to our notice that the petitioner has already filed a writ petition at Lucknow Bench of this Court for the same relief arising out of the same cause of action as the subject matter of present writ petition, namely, convening a meeting for no confidence motion against the petitioner. This writ petition should not be entertained and should be dismissed as the same is barred under Chapter XXII Rule 7 of the Rules of the Court. Sri Pandey, learned Counsel for the petitioner has submitted that the prayer made in the writ petition filed at Allahabad is different than the prayer made in the writ petition filed at the Lucknow Bench of this Court. He stated that validity of Section 15 of the U. P. Kshettra Panchayatand Zila Panchayat Adhiniyam, 1961 as amended by U. P. Act No. 44 of 2007 is also challenged by means of this writ petition, therefore, it cannot be said that the present writ petition is barred as submitted by Sri PN. Saxena. The petitioner, in paragraph 1 of the writ petition, has made submission before this Court in the present writ petition that this is first writ petition preferred by the petitioner before this Court for his grievance and further no other writ peti tion has been preferred on behalf of the petitioner either before this Court or before the Lucknow Bench of this Court and further the petitioner has not received any caveat notice on behalf of respondents or any other person in the matter. This submission made by the petitioner, in view of the facts stated above, is per se incorrect. Therefore the writ petition is liable to be dismissed on this ground alone as the petitioner has deliberately made false statement before this Court in filing the present writ petition.
(3.) AS already pointed out the effect of the relief asked for by the petitioner is the same, namely, quashing of the notice for convening meeting for consideration of motion for no-confidence against the petitioner. Thus in our opinion, this writ petition is liable to be dismissed on this ground alone. Even on merits also, if we go through the prayers made by the petitioner in this writ petition, which are quoted below, as the petitioner submits that those affidavit if found false the persons who have filed those affidavits will not vote against the petitioner and the motion will fail: " (i) issue a writ, order or direction in the nature of mandamus directing the respondent No. 2, District Magistrate Azamgarh to hold an enquiry in respect of genuineness of affidavits of 31 members filed by respondents No. 3 to 7 along with application dated 13-12-2007 (Annexure-2 to the writ peti tion); (ii) issue a writ, order or direction in the nature of Mandamusgreeting the respondent No. 2 not to entertain the application dated 13-12-2007 file, by respondent Nos 3 to 7 (Annexure 2 to the writ petition) in respect of bringing no-confidence motion against the petitioner without verifying the genuini ness and correctness of signatures on affidavits of 31 members of Khsettra Panchayat Block Tahbarpur District Azamgarh filed along with application dated 13-12-2007. (iii ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iv ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ";