Court No. - 30
Case :- WRIT - C No. - 38411 of 2018 Petitioner :- Julekha Respondent :- State Of U P And 3 Others Counsel for Petitioner :- U.C. Chaturvedi,Anand Mohan Pandey Counsel for Respondent :- C.S.C.,Soneya Advani
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri Shashi Kant Upadhyaya, learned Standing Counsel appearing for the respondents no. 1 to 4 and Sri Soneya Advani, learned counsel appearing for the Caveator.
Present writ petition has been filed seeking quashing of the entire proceedings initiated by the respondent authorities in respect of 'No Confidence Motion' against the petitioner, Gram Pradhan, Gram Panchayat Kunda Khurd, Block Gangoh, district Saharanpur. A further prayer in the nature of mandamus commanding t he respondent authorities to take decision after giving opportunity of hearing to the petitioner and to decide the representations dated 12.11.2018 and 15.11.2018 pending before the respondent no. 2 and 3 within a stipulated period as fixed by this Court.
Submission of learned counsel for the petitioner is that no confidence motion was carried out in clear violation of various provisions of law including the Rules.
Admittedly, a report has been submitted by the District Panchayat Raj Officer, Saharanpur to the District Magistrate, Saharanpur and till date no final orders have been passed. As such, I am not inclined to entertain the present writ petition at this stage.
Present writ petition is, accordingly, dismissed. However, dismissal of this writ petition would not affect the right of the petitioner to challenge the final orders that may be passed against him, in accordance with law.
No costs.
Order Date :- 28.11.2018 p.s.