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2017 Supreme(All) 410

A.P.SAHI, SANJAY HARKAULI
AWADHESH SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Mahendra Bahadur Singh and Rakesh Kumar for the Petitioner; C.S.C., Hemant Kumar Mishra and P.S. Vajpayee for the Respondents.

JUDGMENT

By the Court.—This petition brings forth the grievance on behalf of the petitioner impeaching the action of the District Magistrate, Rae Bareilly for convening the meeting for consideration of the No Confidence Motion on 15.4.2017 under the impugned notice dated 30.3.2017 in terms of Section 28 of the U.P. Kshetra Panchayat and Zila Panchayat Act, 1961. The petitioner is the elected Chairman of the Zila Panchayat, Rae Bareilly.

2. The petition was entertained by us and on hearing the preliminary arguments, the following order was passed on 6.4.2017 :

“A supplementary-affidavit has been filed today, which is taken on record.

We have heard Sri Prashant Chandra, learned Senior Counsel for the petitioner, learned Additional Chief Standing Counsel for the respondents No. 1 and 2 and Sri Hemant Kumar Mishra, learned counsel for the respondent No. 3.

An impleadment application has been filed by one Prabhat Kumar @ Prabhat Kumar Gupta, a Member of the Zila Panchayat, Rae Bareli and we have heard Sri Anil Tiwari, learned Senior Counsel on his behalf as well. The said application has been entertained in terms of Chapter XXII Rule 5-A of the Allahabad High Court Rules, 1952.

A prelimi












































































































































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