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2019 Supreme(All) 2600

RAMESH SINHA, AJIT KUMAR
Adesh Singh Yadav – Appellant
Versus
Collector/District Magistrate Bareilly – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rajesh Kumar Yadav, Indra Raj Singh, Mangla Prasad Rai
For the Respondent: C.S.C., Ashok Kumar Rai,Krishna Dutt Awasthi

JUDGMENT :

1. Heard Sri Indra Raj Singh, learned counsel for the petitioner, Sri Ashok Kumar Rai, learned counsel for the respondent No.6 and learned Standing Counsel for the State-respondents and perused the record.

2. The controversy in the present case centres around the legality of the notice of no confidence motion issued by the District Magistrate, Barielly in purported exercise of power under Section 15 of the U.P. Kshettra Panchayat & Zila Panchayat Adhiniyam, 1961 (hereinafter referred to as 'Adhiniyam, 1961') on 21st December, 2018. By the said notice the District Magistrate, Barielly fixed meeting of the Kshettra Panchayat, Alampur, Jafarabad, District Barielly on 6th January, 2019 to discuss the motion notice which was mooted by more than half members of the Kshettra Panchayat.

3. Learned counsel for the petitioner has drawn our attention to the notice itself which is in the form of an order dated 21st December, 2018 directing for meeting of the Kshettra Panchayat to consider the motion of no confidence. He points out that in the order itself after it has been signed, it has been forwarded for information and necessary action to the Block Development Officer and the necess

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