- (1.) It is contended that the alleged resignation of respondent no. 6, member, Kshettra Panchayat to Ward No. 21 Khairara-I, Tehsil Jalesar, District Etah was never accepted by Competent Authority as required under Section 11 of U.P. Kshettra Panchayat & Zila Panchayat Act, 1961 (hereinafter referred to as "Act, 1961") and therefore, there is no vacancy at all, hence impugned notification notifying the said election is patently illegal.It is further contended that under Section 11(2), vacancy could have occurred at the best on the date when notice is received in the office of Pramukh, Kshettra Panchayat.
(2.) In the present case, the alleged notice was addressed to Block Development Officer and Block Development Officer after receipt of notice vide letter dated 20th July, 2017 forwarded to Pramukh, Kshettra Panchayat, but the vacancy of the constituency in question has been declared to have been occurred on 18.07.2017, when no letter was either forwarded or received in the office of Pramukh, therefore, there was no vacancy in the eyes of law and, hence, any further proceedings are patently illegal.
(3.) In our view, the matter requires consideration.;