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IN THE HIGH COURT OF ALLAHABAD
ANJANI KUMAR MISHRA, JAYANT BANERJI
Vikash Kumar – Appellant
Versus
State of UP – Respondent
| Table of Content |
|---|
| 1. challenge to the order regarding no confidence motion. (Para 1 , 2) |
| 2. jurisdiction issues surrounding the order of the district panchayat raj officer. (Para 3 , 4 , 5) |
| 3. legal requirements for moving a no confidence motion. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. judicial precedents relevant to no confidence motion. (Para 15 , 18 , 22) |
| 5. the role of the collector and inquiry committee in no confidence motions. (Para 16 , 17) |
| 6. impleading necessary parties in a writ petition. (Para 19 , 21) |
| 7. collector's obligations concerning no confidence motions. (Para 23 , 24 , 26 , 27) |
| 8. collector's responsibilities under section 15 of the act. (Para 25) |
| 9. formalities required for a valid no confidence motion. (Para 28 , 29 , 30 , 31) |
| 10. limits to the authority of the district panchayat raj officer. (Para 32 , 33) |
| 11. conclusions regarding the inaction of the collector. (Para 34 , 35 , 36) |
| 12. final mandamus to the collector and quashing of prior orders. (Para 37 , 38 , 39) |
JUDGMENT :
1. The writ petition, as initially framed, sought a writ of certiorari for quashing the order dated 21.08.2024 passed by the District Panchayat Raj Officer, District-Kushinagar, which is based on an inq
The Collector cannot delegate authority regarding no confidence motions; decisions must be made independently, reflecting immediacy and adherence to statutory mandates.
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 must convene a meeting for no confidence motions upon valid notice and cannot conduct a detailed inquiry into disputed facts.
The court established that the personal delivery requirement in Section 15(2) is directory, allowing for valid notice delivery to an alternate official.
The form of notice for a no confidence motion is directory; substantial compliance with statutory requirements suffices.
Procedural compliance in no confidence motion notices is sufficient; prior satisfaction of the authority is not necessary, affirming adherence to statutory requirements.
No obligation on the Collector to verify allegations in no-confidence requisition; statutory compliance is sufficient.
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