JUDGEMENT
-
(1.)The petitioner was elected as a Pradhan and was removed by a majority of 2/3rd members of the Gram Sabha. The petitioner, being aggrieved by the motion of no confidence, has filed the present writ petition.
(2.)The Court has read and re-read all the 16 paragraphs of the writ petition and the grounds mentioned therein and has failed to decipher the actual grounds, on which, the petitioner wants to challenge the order of no confidence.
(3.)However, from the submissions made by the learned counsel for the petitioner, the Court finds that the challenge has been made on the ground that the initial notice issued under Section 14 of the U.P. Panchayat Raj Act, 1947 read with Rule 33-B of U.P. Panchayat Raj Rules, 1947 was invalid, and consequently, all proceedings initiated pursuant thereto including the motion of no confidence were illegal and were liable to be quashed. To enlarge this submission, the learned counsel stressed that a minimum of 15 days notice as contemplated under Section 14 of the Act was not given nor the notice was signed by five members nor the notice was given on an affidavit. Further, the prescribed authority did not verify the signatures contained in the notice. These submissions are not depicted in any paragraph of the writ petition.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.