- (1.) Heard Sri Anupam Mehrotra, learned counsel for the petitioner, Sri H.P. Srivastava, learned Additional Chief Standing Counsel appearing for respondents No.1, 2 and 3 and Sri O.P. Srivastava, learned Senior Advocate assisted by Sri V.K. Dubey, Advocate for respondent No.4.
(2.) By means of the present petition, the petitioner has prayed for the following reliefs:- "(i) issue a writ, order or direction in the nature of certiorari setting aside the impugned order dated 2.2.2018 passed by the District Magistrate, Hardoi (Annexure No.1, Writ Petition) along with the impugned notice dated 2.2.2018 issued by the District Magistrate, Hardoi (Annexure No.2 to this Writ Petition) and all other actions pursuant to the impugned order dated 2.2.2018. (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to impede the functioning of the petitioner as the Pramukh of Kshetra Panchayat Bhavan, District Hardoi by any such unlawful action as above or otherwise; (iii) issue any other writ, direction or order as may be deemed just and proper; (iv) award cost in favour of the petitioner."
(3.) The case set forth by the petitioner is that he was elected on 6.2.2016 as the Pramukh of Kshetra Panchayat Bavan, Hardoi and assumed the office of the Preamukh after taking the prescribed oath of office on 17.3.2016. It is contended that Kshetra Panchayat has 117 elected members and in terms of the U.P. Kshetra Panchayat and Zila Panchayat (Oath of Office of Adhyaksha or Pramukh etc.) Rules, 1994 (hereinafter referred to as the 1994 Rules), the Pramukh and the members of the Kshetra Panchayat have to subscribe oath before taking their seat for the first time. On 7.2.2018 a copy of the notice dated 2.2.2018 (Annexure-2 to the writ petition) was delivered to the petitioner. The said notice issued by the Collector, Hardoi indicates that a meeting shall be convened on 21.2.2018 at 11.00 A.M. at the Kshetra Panchayat, Bavan for consideration of no confidence motion against the petitioner. A copy of the proposed motion is enclosed with the said notice which is dated 1.2.2018 and the same, according to the petitioner, contains only three signatures namely that of Sameer Singh, Smt. Premlata and Smt. Seema Singh who have been impleaded as respondents No.4 to 6 in the writ petition. The petitioner contends that identical notices dated 2.2.2018 have been issued to all the members of the Kshetra Panchayat by registered post of which two members namely Smt. Shikha, the petitioner's wife and Sri Asha Ram received notices by registered post on 7.2.2018 upon which they alleged to have objected on the ground of it being less than 15 days notice as provided under the provisions of Section 15 of the Uttar Pradesh Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961 (hereinafter referred to as the 1961 Act). The petitioner further contends that the notice has been issued in pursuance to the order dated 2.2.2018 issued by the Collector, Hardoi a copy of which has been annexed as Annexure-1 to the writ petition.;