PRADEEP KUMAR SINGH BAGHEL ,J. - (1.) The petitioner was elected Adhyaksha (hereinafter referred to as the "Chairperson"), Zila Panchayat, Allahabad (now Prayagraj) in 2016. A no-confidence motion has been passed against her. She has instituted the first writ petition, being Writ-C No. 36490 of 2018, for issuance of a writ of certiorari to quash the minutes of the meeting of no-confidence motion dated 25th October, 2018. A further prayer has been made for a direction upon the respondents to produce the video and CD (Compact Disc) of the proceedings held on 25th October, 2018 before this Court.
(2.) While the first writ petition was pending, the State Government vide an order dated 15th November, 2018 appointed Smt. Kesari Devi, respondent no. 4, as Chairperson, Zila Panchayat, Prayagraj under Section 21 of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 19611 (U.P. Act No. 33 of 1961). The said order has been challenged by the petitioner in the aforesaid second writ petition, being Writ-C No. 38696 of 2018. It is worthwhile to mention that in 2016 election petitioner had defeated the respondent No. 4, Smt. Kesari Devi.
(3.) Learned counsel appearing for the petitioner have made a statement that if the first writ petition of the petitioner is allowed, no cause of action in the second writ petition would survive. Learned counsel for all the parties, thus, have addressed us only in Writ-C No. 36490 of 2018, which is hereinafter referred to as the "writ petition". However, Sri M.D. Singh 'Shekhar', learned Senior Counsel appearing for the petitioner in Writ-C No. 38696 of 2018, has also made submission for the petitioner. The relevant facts are these; The petitioner was elected as Chairperson, Zila Panchayat, Prayagraj in the year 2016. She took oath in January, 2016. There are total 92 members of the Zila Panchayat, Prayagraj including the petitioner. On 01st October, 2018, 64 members of the Zila Panchayat moved a no-confidence motion against the petitioner before the District Magistrate, who vide his order dated 03rd October, 2018 fixed 25th October, 2018 as the date for the meeting to consider the no-confidence motion. The notices were sent to the members by the District Magistrate. The District Judge, Allahabad nominated the Additional District Judge-II, Allahabad as the Presiding Officer to preside over the meeting of no-confidence. ;