Krishna Murari, J. - (1.) Issue raised in this writ petition for adjudication is in respect of the format of the ballot paper to be used by the members of the Kshetra Panchayat for the purposes of voting in a meeting to consider the motion of No Confidence.
(2.) Heard Shri Kartikeya Saran, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Shri Ashok Khare, learned Senior Counsel assisted by Shri Arvind Kumar Singh appearing for respondents.
(3.) Facts, as unfolded in the pleading, go to show that there are 74 elected members of Kshetra Panchayat, Marehra, District Etah. Petitioner is an elected Pramukh. A motion for No Confidence was tabled signed by 42 members of the Kshetra Panchayat. District Magistrate, Etah issued a notice fixing 04.09.2017 for holding the meeting to consider the motion of No Confidence. A representation was made by the petitioner alleging that out of 42 members, who have signed the motion of No Confidence, 17 members since did not subscribe to the oath, as such, ceased to be members and, thus, the motion of No Confidence does not conform to the requirements of Section 15 (2) of the U.P. Khsetra Panchayat and Zila Panchayat Act (hereinafter referred to as the 'Act'), in accordance whereof, the notice of intention is to be signed by at least half of the total numbers of the elected members and, thus, the meeting is rendered illegal. When no decision was taken by the District Magistrate, petitioner approached this Court by filing Writ Petition No. 38664 of 2017. A Division Bench of this Court vide order dated 29.08.2017 directed the meeting to be held as scheduled, but motion, if adverse to the petitioner, was not to be given effect to. The writ petition ultimately was dismissed vide judgment and order dated 12.09.2017 with the direction that the result of the voting, which took place on 04.09.2017, be declared.;