SIDDHARTHA VARMA,J. - (1.) Heard learned counsel for the parties. On 09.03.2018, ten out of thirteen members of the Gram Panchyat gave an application evidencing their intention of bringing a motion for no confidence against the Pradhan under Section 14 of the U.P. Panchyat Raj Act, 1947. Under Rule 33 B of the U.P. Panchyat Raj Rules, following were the sine qua non. (i) The application had to be signed by not less than one half of the total number of the members of the Gram Panchyat. (ii) They had to state the reasons for moving the motion. (iii) The application had to be delivered in person by at least five of the members of the Gram Panchyat who had signed the notice. (iv) It was necessary for those five members who had signed the notice to furnish an affidavit and in it they had to swear that the members who had signed the initial application had actually signed. (v) The District Panchyat Raj Officer before proceeding with the actual no confidence motion had to be himself satisfied regarding the genuineness of the signatures of the members who had signed the notice.
(2.) In the instant case when the notice was filed before the District Panchyat Raj Officer, the same was accompanied by signatures of 1011 out of 1832 members of the Gram Sabha. The affidavit which was filed by the 10 members of the Gram Panchyat had stated about the correctness of the signatures of the members of the Gram Sabha, who had signed the proposal for no confidence. On 27.03.2018, District Panchyat Raj Officer looked into the signatures of all the 1011 members of the Gram Sabha who had signed and thereafter, had rejected the application which had been filed to initiate the motion of no confidence.
(3.) Aggrieved by the refusal of the District Panchyat Raj Officer, the instant writ petition has been filed.;