These two writ petition deal with the constitutionality as well as inter pretation of Section 28 of the U. P. Kshet tra Panchayats and Zila Panchayat Ad hiniyam, 1961 (the Act), which provides for motion of no confidence against Ad-hyaksha or Up-Adhyaksha of a Ziia Panchayat.

THE FACTS:

2. The election to the post of Adhyaksha of Zila Panchayat, Deoria (the Zila Panchayat) was held in the year 2000. In this election Smt. Krishna Jaiswal (Smt. Jaiswal) was elected as the Adhyaksha of the Zila Panchayat. The Zila Panchayat consists of 40 elected members. Twenty eight elected mem bers gave notice to the Collector under Section 28 of the Act to bring the motion of no confidence against her on 29th November, 2004. The Collector passed an order on 30-11 -2004 convening the meeting on 20-12- 2004 at 12. 00 a. m. in the hall of the Zila Parishad to consider the no confidence motion against her. He also passed an order that the Appar Mukhya Adhikari, Deoria (the AMA) to serve notice on the members by registered post as well as personally by 4th December, 2004. The notices were sent and the AMA submitted a report to the Collector on 4-12-2004 that the noti