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Akbal Khan v. State Of U.P. & Others - WRIT - C No. - 53817 of 2007 [2007] RD-AH 17455 (6 November 2007)

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Hon'ble Janardan Sahai, J.

The petitioner has challenged the order of the District Panchayat Raj Officer convening a meeting for considering the no confidence motion against the petitioner who is the Pradhan. Counsel for the petitioner submitted that under Rule 33-B of U.P. Panchayat Raj Rules, the District Panchayat Raj Officer shall satisfy himself about the genuineness of the signatures. The rule requires that the notice of intention shall be presented by five persons whose affidavits certifying that the signatures are genuine are also required to be filed. It is not alleged that affidavits were not filed. Learned counsel for the petitioner was unable to refer to any objection filed by the petitioner challenging the signatures of any person/persons. Some affidavits were allegedly filed before the District Panchayat Raj Officer. Copies of these have been filed in the petition. In almost all these affidavits the stand is that the signatures on the notice of intention were fraudulently obtained on the pretext that the signatures were required for other purposes like grant of job card, or for house etc. The signatures are not disputed. An elaborate enquiry is not contemplated under the rules. In the absence of specific objections the order cannot be excepted to. No ground for interference has been made out. Dismissed.




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