IN THE HIGH COURT OF ALLAHABAD
Anjani Kumar Mishra, J
Phulbasa – Appellant
Versus
District Magistrate Collector – Respondent
JUDGMENT :
Anjani Kumar Mishra, J.
1. Heard learned counsel for the petitioner, Sri R. K Ojha, learned Senior Advocate, appearing for respondent No.6 and the learned Standing Counsel.
2. The petitioner, an elected member of the Block Development Committee, Block- Chahaniya, District- Chandauli, has filed this writ petition seeking the following relief:-
“A. Issue a writ, order or direction in the nature of certiorari quashing the order dated 29-09-2024 (Annexure No. 07) passed by District Magistrate, Chandauli by which application for no confidence has been rejected.
B. Issue a writ, order or direction in the nature of mandamus directing to respondent authorities to accept the petitioner’s application for Motion of non- confidence against the respondent no. 6/Arun Jaiswal and proceeded with in accordance with the procedure laid down in the Section 15 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961.
C. Issue, a writ, order or direction in the nature of mandamus directing to respondent no.2/Chief secretary, Government of Uttar Pradesh, Lucknow to conduct the inquiry in pursuance of complaint dated 04-10-2024 (Annexure No. 08) filed by the petitioner in respect
The form of notice for a no confidence motion is directory; substantial compliance with statutory requirements suffices.
The Collector has sole jurisdiction to assess no confidence motions without delegating authority to others and must act within statutory timelines to validate signatures.
The Collector cannot delegate authority regarding no confidence motions; decisions must be made independently, reflecting immediacy and adherence to statutory mandates.
The court established that the personal delivery requirement in Section 15(2) is directory, allowing for valid notice delivery to an alternate official.
The Collector must convene a meeting for no confidence motions upon valid notice and cannot conduct a detailed inquiry into disputed facts.
The failure to furnish a copy of the requisition for a no-confidence motion does not invalidate the motion if it is adopted by the requisite majority, as the requirement is directory, not mandatory.
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