Allahabad High Court
Shashank Mishra vs State Of U.P. And 5 Others on 15 September, 2022
Bench: Manoj Kumar Gupta, Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 21 Case :- WRIT - C No. - 27694 of 2022 Petitioner :- Shashank Mishra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Naresh Chandra Tripahti,Suchita Tripathi,Tushar Kant Counsel for Respondent :- C.S.C.,Krishna Kant Pandey Hon'ble Manoj Kumar Gupta,J.
Hon'ble Jayant Banerji,J.
This instant writ petition has been filed praying for quashing of the order dated 5.9.2022 issued by the District Panchayat Raj Officer, Prayagraj and for a direction to the Sub-Divisional Magistrate, respondent no. 4, to preside and conduct the meeting scheduled on 16.9.2022 for considering motion of 'no confidence' against respondent no. 6- Block Pramukh of Kshetra Panchayat/Block Development Bahariya, Tehsil Phoolpur, District Prayagraj.
The impugned letter issued by the District Panchayat Raj Officer, Prayagraj addressed to the Sub-Divisional Magistrate, Phoolpur, Prayagraj mentions that 78 members of the Kshetra Panchayat had submitted their affidavits before him and in reference whereof the District Magistrate vide his letter dated 2.9.2022 has sought clarification from Director Panchayat, U.P., Lucknow and therefore, further action in the matter relating to 'no confidence' be taken only after receipt of clarifications. The petitioner apprehending that the meeting fixed on 16.9.2022 for considering 'no confidence motion' will be adjourned on the basis of the impugned letter has filed the instant petition.
On 14.9.2022, the following order was passed:
"Sri D.P. Singh, learned Standing Counsel, appearing on behalf of the State, on instructions, states that the respondents do not intend to adjourn the meeting fixed for 16.9.2022. Let an affidavit clarifying the said aspect be filed by respondent no. 5, who is to preside at the meeting. Put up tomorrow as a fresh case."
Today, an affidavit has been filed by the Sub-Divisional Magistrate, Phoolpur, Prayagraj, who has to preside over the meeting and in which it is stated that the clarification sought from the Director has not been received, therefore, the meeting scheduled on 16.9.2022 will be duly held.
This in our opinion takes care of the apprehension expressed by the petitioner. Accordingly, no further direction is required to be issued by this Court.
The petition stands disposed of.
Order Date :- 15.9.2022 A. V. Singh (Jayant Banerji, J.) (Manoj Kumar Gupta, J.)