- (1.) Heard Sri Anoop Trivedi, learned senior advocate assisted by Sri Vibhu Rai, learned counsel for the petitioner, Sri Pradeep Kumar Tripathi, learned standing counsel for the State-respondents, Sri R.K. Ojha, learned senior advocate assisted by Sri Pankaj Kumar Shukla, learned counsel for the respondent No.3 and Sri P.K. Singh, learned counsel for the respondent No.5.
(2.) Briefly stated facts of the present case are that the petitioner is the elected Chair-person of Zila Panchayat, Hathras which consists of 25 members. A composite notice-cum-no confidence motion dated 01.06.2019 signed by 16 members of the aforesaid Zila Panchayat was presented by them before the second respondent, i.e. Collector/ District Magistrate, Hathras expressing no confidence in the petitioner and asking to convene meeting for no confidence by division of votes. The aforesaid notice-cum-no confidence motion was filed in terms of the provisions of Section 28(2) of the Act, which is reproduced below: "28. Motion of no-confidence in Adhyaksha or Up-Adhyaksha. - (2) A written notice of intention to make the motion, in such form as may be prescribed, signed by not less than one-half of the total number of elected members of the Zila Panchayat for the time being, together with a copy of the proposed motion, shall be delivered in person, by any one of the members signing the notice, to the collector having jurisdiction over the Zila Panchayat."
(3.) On receipt of the aforesaid no confidence motion, the respondent No.2 issued notices to all the members of the Zila Panchayat, Hathras in terms of the provisions of Section 28(3) of the Act. He also sent a request letter dated 13.06.2019 to the learned District Judge, Hathras in terms of sub-section (4) of Section 28 of the Act. The date of meeting for no confidence motion has been fixed for 22.06.2019 in the afternoon at 12.00 hours in Zila Panchayat, Hathras for considering the no confidence motion. Aggrieved with the aforesaid no confidence motion, the petitioner has filed the present petition praying to quash the aforesaid letter No.69 dated 03.06.2019 sent by the Collector/ District Magistrate, Hathras to the learned District Judge, Hathras under Section 28(4) of the Act. The petitioner has further prayed for a direction to the respondents not to interfere in the functioning of the petitioner as Chair-person of Zila Panchayat, Hathras. SUBMISSIONS:-;