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IN THE HIGH COURT OF ALLAHABAD
ANJANI KUMAR MISHRA, JAYANT BANERJI
Vikash Kumar – Appellant
Versus
State of U.P. – Respondent
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 Block Dudhahi, District-Kushinagar, having been elected in the election held in the year 2021. Respondent No. 4 was elected as Block Pramukh, Block Dudhahi. The strength of elected members of the Block Development Council is stated to be 139. Out of these, 101 members are stated to have moved a notice of no confidence in the prescribed pro-forma along with a notary affidavit on 12.08.2024. The notice of no confidence motion was moved before the Collector, as provided under Section 15 (2) of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961. [Act, 1961]
3. When no order was passed by the Collector, a petition, being Writ-C No. 29128 of 2024, was filed before
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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