Case: SMT. KAVITA Vs. THE STATE OF UTTAR PRADESH THROUGH SECRETARY

2. A Notice was issued by the Collector/District Magistrate, Bulandshahar, U.P., dated 15 th June, 2017 on the basis of requisition given by 32 members out of 59 members of the Kshettra Panchayat, expressing no confidence against the appellant who was the Block Pramukh of Kshettra Panchayat, Lakhawati at the relevant time. The notice had fixed the meeting date as 1 st July, 2017 i.e. on the 17 th day from the date of notice. The appellant challenged the said notice by way of a writ petition before the High Court of Allahabad on two counts. First, that the Collector had failed to hold an enquiry into the validity of signatures of 10 members, who subsequently filed affidavits stating that their signatures were obtained by fraud. Second, that there was no clear 15 days notice as contemplated underof Section 15 of the Act. The Division Bench, after considering the factual position emanating from the record before it, negatived both the contentions and eventually dismissed the writ petition filed by the appellant vide the impugned judgment.      3. Feeling aggrieved, the appellant has approached this Court raising thee two grounds urged before the High Court, for challenging the validity of the no confidence motion notice dated 15 th June, 2017. The respondents have supported the reasons recorded by the High Court and would contend that both the grounds urged by the appellant are devoid of any merit.

Reasoning: 7. Notably, this Court in the case of Kiran Pal Singh Vs. The State of Uttar Pradesh & Ors. (in C.A. No.2622 of 2018 decided on 17 th May, 2018) 3 has had an occasion to explicate on the purport of Section 15(2) of the Act. In paragraph 15 of this decision the Court observed thus:15. To appreciate the controversy, we have to understand the scheme engrafted under Section 15 of the Act. Subsection (2) of Section 15 provides that a written notice of intention to make the motion in such form as may be prescribed, signed by at least half of the total number of elected members of the Kshettra Panchayat for the time being together with a copy of the proposed motion, shall be delivered in person, by any one of the members signing the notice, to the Collector having jurisdiction over the Kshettra Panchayat. Subsection (3) requires the Collector to convene a meeting. At this stage, the jurisdiction that the Collector has is only to scan the notice to find out whether it fulfills the essential requirements of a valid notice. The exercise of the said discretion, as we perceive, has to be summary in nature. There cannot be a detailed inquiry with regard to the validity of the notice. We are obliged to think so as subsection (3) mandates that a meeting has to be convened not later than 30 days from the date of delivery of the notice and further there should be at least 15 days notice to be given to all the elected members of the Kshettra Panchayat. The Collector, therefore, should not assume power to enter into an arena or record a finding on seriously disputed questions of facts relating to fraud, undue influence or coercion. His only duty is to determine whether there has been a valid notice as contemplated under Subsection (2) of Section 15. His delving deep to conduct a regular inquiry would frustrate the provision. He must function within his own limits and leave the rest to be determined in the meeting(emphasis supplied) 3 2018 (7) SCALE 605  8. In view of the above, the ground urged by the appellant that the Collector ought to have enquired into the validity of the signatures of 10 members, who subsequently filed affidavits stating that their signatures were obtained by fraud, had been justly negatived by the High Court. Hence, the impugned judgment does not warrant any interference. As no other contention has been urged, the appeal must fail.