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IN THE HIGH COURT OF ALLAHABAD
ANJANI KUMAR MISHRA, JAYANT BANERJI
Vikash Kumar – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. challenge to validity of no confidence motion (Para 1 , 2 , 3 , 4 , 5 , 8) |
| 2. issues of jurisdiction and procedural propriety (Para 9 , 10 , 11) |
| 3. collector's authority on validity of motion (Para 12 , 14 , 15 , 16 , 18) |
| 4. impleadment issue not fatal to proceedings (Para 17 , 19 , 21 , 22) |
| 5. criteria for assessing validity of signatures (Para 23 , 24 , 25 , 26) |
| 6. reduction of valid signatures below threshold (Para 27 , 28 , 30) |
| 7. collector's nondiscretionary role in no confidence motion (Para 31 , 32) |
| 8. abdication of responsibilities by the collector (Para 33 , 34 , 35) |
| 9. quashing of unlawful orders and directives to collector (Para 36 , 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 inquiry report. Subsequently, by an amendment, an order passed by the District Magistrate/Collector, Kushinagar on 12.11.2024 has also been challenged. This order has been passed during the pendency of the instant writ petition.
2. The petition has been filed by two petitioners who claim to be elected members of B
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 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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