Smt. Sheela Devi vs State Of U.P. Thru Secy. And Others
2013 Latest Caselaw 7042 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 54587 of 2012
 

 
Petitioner :- Smt. Sheela Devi
 
Respondent :- State Of U.P. Thru Secy. And Others
 
Counsel for Petitioner :- Brij Raj,Shashi Nandan
 
Counsel for Respondent :- C.S.C.,N.D. Shukla,Sanjay Upadhyay
 

 
Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

After the matter was argued at some length, it is agreed by the learned Senior Counsel appearing on behalf of the parties that no purpose  will be served by adjudicating upon the merits  of the order which was  passed by District Magistrate, Varanasi dated 8.10.2010 inasmuch as even if the order impugned is quashed by this Court no meeting for consideration of no confidence motion can take place because of the expiry of the statutory period prescribed for convening of the meeting under Section 15 of the Kshetra and Zila Panchayat Adhiniyam, 1961.

In the facts and circumstances of the case, we dispose of the present writ petition without adverting to the correctness or otherwise of the procedure which has been followed by the District Magistrate, Varanasi while making the order dated 8.10.2010 by providing that if a fresh notice of no confidence is submitted by the petitioner along with the signatures to the prescribed number of members of the Zila Panchayat before the District Magistrate, Varanasi such notice of no confidence shall be proceeded with without any unnecessary delay and appropriate order thereupon shall be passed in accordance with law not beyond one week of the receipt of the notice.

Order Date :- 20.11.2013

Priyanka