Bandana vs State of U. P. - 2025 Supreme(All) 2167

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2167

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANJANI KUMAR MISHRA, JAYANT BANERJI, JJ
Bandana – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioner:- Siddharth Nandan
For the Respondent:- C.S.C.,J.P.N. Singh

JUDGMENT :

(Jayant Banerji, J.)

1. The petitioner, who is an elected member of Kshettra Panchayat constituted under the Kshettra Panchayat and Zila Panchayat Act, 1961¹[Act, 1961] delivered in person a written notice of intention to make a motion of no confidence in the Pramukh of Kshettra Panchayat in proper form which was signed by more than half of the total number of elected members of Kshettra Panchayat i.e. 70 members out of 100 members, together with a copy of the proposed motion to the Collector, Azamgarh, who had jurisdiction over the Kshettra Panchayat. This notice of no confidence was moved on 7.3.2025 in accordance with Section15(2) of the Act, 1961.

2. The respondent no. 2 i.e. Collector/District Magistrate, Azamgarh, it is alleged, did not take any action on the notice dated 7.3.2025. Thereafter, within a period of five days on 12.3.2025, 69 members of Kshettra Panchayat allegedly filed notarized affidavit in support of Block Pramukh, enclosed with a letter of the Block Pramukh of the same date, stating that they had not participated in any meeting to propose motion of no confidence against the respondent no.3 and had not signed affidavit regarding the same. Thereafter,