- (1.) Heard Sri Kartikeya Saran, learned counsel for the petitioner, learned Standing Counsel appearing for the respondents No.1 to 4 and Sri Sri Sushil Kumar Srivastava, learned counsel appearing for the respondents No.5 to 8.
(2.) Petitioner was elected Block Pramukh of block Tundla, District-Firozabad. A motion of 'No Confidence' was presented against her and said to have been passed in the meeting dated 8.5.2017 by the Kshetra Panchayat members, which has been put to challenge in this petition. The only ground pressed before us for challenging the said 'No Confidence Motion' is that there are total 115 elected members, out of which, 19 members had not subscribed to oath prior to the meeting of No Confidence, which was held on 8.5.2017.
(3.) This issue came up for consideration before a Division Bench of this Court in the case of Smt. Kamla Devi Vs. State of U.P. & Ors., 2014 3 UPLBEC 2495. The question formulated therein was whether 19 elected members, who are alleged not to have subscribed to oath as prescribed under the Rules, were entitled to participate in the meeting held for consideration of No Confidence Motion. The Division Bench of this Court, after considering the relevant provisions of the Act and Rules, held that merely because the members signing the notice for expressing No Confidence has not subscribed to oath, would not mean that they, ipso facto, lose their membership or are disqualified to either participate or vote in the meeting of No Confidence, their status, despite having failed to subscribe to oath, continues to be that of an elected member.;