By the Court.—Heard Shri Kesari Nath Tripathi, Senior Advocate assisted by Shri Neeraj Tripathi, Advocate, Shri Shashi Nandan, Senior Advocate and Shri K.R.Sirohi, Senior Advocates assisted by Shri Rajesh Yadav, Advocate on behalf of respondent Nos. 6, 7 and 8.

2. Petitioner before this Court seeks quashing of the proceedings resulting in a no confidence motion as per the meeting of Kshetra Panchayat, Dumariaganj, District Siddhartha Nagar held on 18.3.2013 as well as of the consequential order of the District Magistrate dated 25.3.2013.

3. Facts in short leading to the present petition as are follows :

Petitioner before this Court was elected as the Block Pamukh of Kshetra Panchayat, Dumariaganj, District Siddhartha Nagar in the elections which were held in the year 2010. A request for a no confidence motion was served upon the District Magistrate by the members of the Kshetra Panchayat resulting in a notice dated 14.2.2013 fixing 2.3.2013 as the date of the meeting for consideration of the motion of no confidence against the petitioner. The Sub Divisional Magistrate, Dumariaganj was nominated as the Presiding Officer by the District Magistrate in respect of the meeting to be held on 2.3.2013. The meeting was adjourned and was subsequently fixed for 18.3.2013.

4. The notice of no confidence motion was challenged by means of Civil Misc. Writ Petition No. 14540 of 2013 by the petitioner wherein an interim order was granted which provided that the meeting for consideration of the motion of no confidence may take place but the result of the meeting shall abide by the decision of the writ petition.

5. In terms of the order of the High Court a meeting for considering the no confidence motion of Kshetra Panchayat did take place on 18.3.2013. As against the total number of elected members i.e. 114, only 68 members participated in the meeting. fter deliberations the no confidence was put to vote. The Presiding Officer made arrangements for casting of votes by the members present as per the provision of Uttar Pradesh Kshetra Samities (Voting on motions of non-confidence) Rules, 1966 (herein after referred to as the Rules, 1966). The total number of votes polled in favour of the motion after counting was declared as 64 while those against the motion as 03 only. One of the ballot paper was declared invalid. The result that the motion of no confidence have been carried was declared. Information was given to the District Magistrate of the same who in turn having been passed against the petitioner and issued the order on 25.3.2013 removing the petitioner from the office of Adhyaksh of the Kshetra Panchayat. He appointed a three member committee for looking after the affairs of the Kshetra Panchayat. This consequential order is also under challenge in the present petition.

6. On behalf of the petitioner it is submitted by Shri Kesari Nath Tripathi that from the photographs which have been taken at the time of casting of votes, it is apparent that there has been violation of the rules laying down the procedure in the matter of such voting. According to him Rule 4 of Rules, 1966, requires the Presiding Officer to ensure that secrecy of ballot is maintained. This secrecy has been violated with impunity and in support thereof heavy reliance has been placed upon the photographs which have been enclosed at pages 96 to 111 of the present paper book. He explains that video recording of the meeting has also been done and from the same it is clear that persons have voted outside the polling booth including affixation of stamp on the ballot paper at the table of Presiding Officer himself. This was in clear violation of Rule 4. Therefore, the entire proceedings are to be nullified. It is also his case that 03 persons were provided companion although there were not illiterate and further other 15 persons who were provided companions who were not their relatives and were in fact residents of other villages/distant place. These companion had been a