The form of notice for a no confidence motion is directory; substantial compliance with statutory requirements suffices.

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 of arbitrary, illegal, mala fide, perverse and unconstitutional act of Mr. Nikhil Tikaram Funde, District Magistrate.”

3. The petitioner presented a notice of intention to bring a motion of no confidence on 18.07.2024 expressing no confidence in the Block Pramukh of Chahaniya which was signed by 72 members of the Kshettra Panchayat which has a total strength of 105 members.

4. This notice of no confidence has been rejected by the impugned order stating that it has not been filed in the pro-forma provided in Form I of the Schedule the “Rules Regarding No-Confidence Motion of U.P. Kshettra Panchayat Pramukh or Up-Pramukh.”

5. This petition appears to be a third in a series of petitions relating to no confidence in the sixth respondent, the Pramukh of Kshettra Panchayat Chahaniya.

6. The relevant facts briefly stated are that initially a notice of no confidence was presented to the District Magistrate on 04.03.2024. The District Magistrate by his order dated 15.03.2024 rejected this notice finding that it was not signed by more than half of the elected members of the Kshettra Panchayat. This order was challenged by means of Writ petition No. 11485 of 2024, which came to be dismissed on 10.07.2024.

7. On 18.07.2024, a second notice of no confidence was presented this time by the petitioner. This notice was signed by 72 members. The District Magistrate, by order dated 01.08.2024, rejected this notice relying upon section 15(12) of the Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961.

8. This order of the District Magistrate was challenged by means of Writ Petition No. 31171 of 2024, Smt Phulbasa versus District Magistrate and 05 others, on the ground that sub-section 12 of Section 15 would not be attracted where an earlier notice of no confidence had been rejected by the Collector. It would be attracted only when a notice of no confidence resulted in a meeting of the Kshettra Panchayat to consider the No Confidence Motion and the motion was not carried out, either in the absence of quorum or by lack of majority only then would a second notice of no confidence be not maintainable before the expiry of one year from such meeting.

9. The writ petition aforesaid was allowed by the order dated 27.09.2024, accepting the argument of learned Counsel for the petitioner. The operative portion of the order reads as follows:-

“25. We, accordingly, allow the writ petition and quash the impugned order dated 01.08.2024, directing the District Magistrate to examine the notice expressing the intention to make a no confidence motion afresh within a period of three days from today, and in case the same is found to be signed by the requisite number of elected members of the Kshetra Panchayat, and is otherwise in order, to proceed in accordance with the procedure prescribed in Se