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Urmila Devi v. State Of U.P. & Others - WRIT - C No. - 53354 of 2007 [2007] RD-AH 18564 (1 December 2007)

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Hon'ble Janardan Sahai, J.

The petitioner has challenged the order of the District Panchyat Raj Officer, Mau whereby 1.11.2007 has been fixed for considering the motion of no confidence against the petitioner who is the elected Pradhan. It is submitted by the counsel for the petitioner that half of the members of the Gaon Sabha have not singed on the notice. The finding is that the notice was presented by more than five persons. Rule 33-B of U.P. Panchayat Raj Rules,1947 requires that the notice must be presented by five persons with their affidavit certifying the signatures. It is not the petitioner's case that there was no such affidavit. The finding is that on consideration of the facts the notice was found to be valid.

It is also submitted by the counsel for the petitioner that in all the signatures upon the notice were of 1188 persons and out of them 36 have filed their notarial affidavits denying their signatures. It appears that there are 2284 members in the Gaon Sabha. Half of the members of the Gaon Sabha comes to 1142. Even if the 36 members are excluded the number of signatures would be more than half. The District Panchayat Raj Officer, Mau found the notice valid. The order passed does not suffer from any illegality, which may call for interference. Dismissed.




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