Hon’ble Dr. D.Y. Chandrachud, C.J.—Part IX of the Constitution makes provisions in regard to Panchayats. Part IX was introduced by the Constitution (Seventy-third) Amendment Act, 1992 which came into force on 24 April 1993. Article 243 (c) defines the expression “intermediate level” as a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of the Part. Article 243-B (1) requires the constitution in every State of Panchayats at the village, intermediate and district levels in accordance with the provisions of the Part. The present reference to Full Bench relates to the construction of the provisions of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (Act of 1961), more particularly Section 15 which relates to motion of no confidence against a Pramukh of a Kshettra Panchayat. A Kshettra Panchayat is an elected body at the intermediate level.

2. The reference was occasioned by a referring order of a Division Bench of this Court dated 10 January 20142 by which the following issue has been placed for consideration:

Whether the District Magistrate or the competent authority under the U.P. Kshetra Panchayat and Zila Panchayat Act, 1961 while proceeding to entertain a notice for tabling a no confidence motion under Section 15 thereof against the Block Pramukh, can exercise his discretion for examining the genuineness or veracity of the signatures endorsed by the members, and as to whether there is a direct conflict on principles in the judgments of this Court on the issue.

3. Sub-sections (1), (2) and (3) of Section 15 have a bearing on the controversy which is in issue and are extracted herein below for convenience of reference:

“15. Motion of no-confidence in Pramukh.—(1) A motion expressing want of confidence in the Pramukh of a Kshettra Panchayat may be made and proceeded with in accordance with the procedure laid down in the following sub-sections.

(2) A written notice of intention to make the motion in such form as may be prescribed, signed by at least half of the total number of elected members of the Kshettra 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 Kshettra Panchayat.

(3) The Collector shall thereupon :

(i) convene a meeting of the Kshettra Panchayat for the consideration of the motion at the office of the Kshettra Panchayat on a date appointed by him, which shall not be later than thirty days from the date on which the notice under sub-section (2) was delivered to him; and

(ii) give to the elected member of the Kshettra Panchayat notice of not less than fifteen days of such meeting in such manner as may be prescribed.

Explanation.—In computing the period of thirty days specified in this sub-section, the period during which a stay order, if any, issued by a Competent Court on a petition filed against the motion made under this section is in force plus such further time as may be required in the issue of fresh notices of the meeting to the members, shall be excluded.”

4. Sub-section (1) of Section 15 provides for a motion expressing a want of confidence in the Pramukh. Such a motion has to be made and proceeded with in accordance with the procedure laid down in the sub-sections which follow. The moving of a motion precedes its tabling and consideration. Consideration of the motion is a subsequent stage once a motion has been validly made and submitted. Sub-section (1) of Section 15 makes it clear that the making and the manner in which a motion can be proceeded with, must accord with the procedure which is laid down in the Section. Sub-section (2) of Section 15 makes provision for the stage up to the submission of a motion to the Collector having jurisdiction over the Kshettra Panchayat. Sub-section (2) sets down the following conditions: