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2013 Supreme(All) 2856

ARUN TANDON, ANJANI KUMAR MISHRA
UTMA DEVI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Balwant Singh for the Petitioner; C.S.C. and Prabhakar Vardhan for the Respondents.

JUDGMENT

By the Court.—Counter-affidavit filed today on behalf of contesting respondent is taken on record. It is not necessary to provide further time for filing of counter-affidavits to the State-respondents, in view of the admitted facts, as they exist on record.

2. Heard Sri Balwant Singh, learned counsel for the petitioner, Sri Prabhakar Vardhan, learned counsel for the contesting respondent and learned Standing Counsel for the State-respondents.

3. Petitioner, before this Court, is a member of Kshetra Panchayat, Block Ghughali, District Maharajganj. Respondent No. 5 has been elected as Block Pramukh of the same Kshetra Panchayat. Total number of elected members of Kshetra Panchayat is 82.

4. Petitioner alongwith 48 other members of the Kshetra Panchayat submitted a notice for no confidence motion being moved against the Block Pramukh under Section 15 of the Uttar Pradesh Khsetra Panchayat and Zila Panchayat Act, 1961 (hereinafter referred to as the “Act, 1961”) on 3rd October, 2013. The District Magistrate permitted the statutory period prescribed for convening a meeting for motion of no confidence to lapse without taking any decision on the notice of no confidence.

5. Petition















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