Allahabad High Court
Pawan Kumar vs State Of U.P. & 3 Others on 7 August, 2014
Bench: Amreshwar Pratap Sahi, Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 21
Case :- WRIT - C No. - 40180 of 2014
Petitioner :- Pawan Kumar
Respondent :- State Of U.P. & 3 Others
Counsel for Petitioner :- Swarn Kumar Srivastava,Anil Kumar Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Vivek Kumar Birla,J.
The contention of the petitioner is that a three member committee that has been appointed is in the teeth of the interim order dated 16.04.2014 passed by this Court. It is on record that Writ Petition No.21247 of 2014 was filed challenging the adjourned meeting for the No Confidence Motion against the petitioner on the ground that it is in violation of the provisions of Section 15(4)-B of the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961.
This Court had passed an interim order to the effect that the result of the No Confidence Motion considered in meeting on 08.04.2014 shall not be declared unless already declared. This was further clarified on 16.04.2014 to the effect that the interim order shall continue to operate if the result had not been declared before 11.04.2014 when the aforesaid interim order was passed otherwise the order shall not be effective
The contention of the petitioners is that the communication which was sent on 9th April, 2014 has been received on 19th April, 2014 at the Kshetra Panchayat by the ADO Panchayat. The contention in short is that the publication of the result as required under Sub-section (11) of Section 15 of the Act had not taken place as on the date of passing of the interim order of this Court. In such circumstances, the petitioner could not have ceased to continue as the Adyaksha of the Kshetra Panchayat.
Learned counsel submits that the three members committee which has now been appointed by the impugned order dated 22.07.2014 is in contravention of the said interim orders and the provisions of Section 15(11) of the 1961 Act.
The communication dated 09.06.2014 indicates that the motion was carried out against the petitioner by a majority of 65 members voting against the petitioner out of 103 members.
It appears that the result was made known to the District Magistrate and the District Panchayat Raj Officer vide letter dated 09.06.2014 whereafter a direction was issued to act in accordance with Section 15(11) of the 1961 Act.
From the said facts, it does appear that the allegation of pasting the notice on the notice board has to be examined for the purpose of construing the effect of the interim order dated 11.04.2014.
In such circumstances, it is the previous writ petition which has to be heard before the impugned order in the present writ petition which is consequential can be interfered with.
Learned counsel in the said writ petition for the respondent namely Sri Anuj Chaudhary has sent his illness slip today. The matter in the aforesaid background shall now be listed in the next cause list peremptorily along with the records of this writ petition.
Learned counsel for the petitioner will inform Sri Anuj Chaudhary in writing about this order.
Order Date :- 7.8.2014
Ajay
