Geeta vs State Of U.P. & Ors

6. Accordingly, the District Magistrate restrained Smt. Shanta Devi from functioning as Pramukh in light of the no-confidence motion passed against her and the order of the High Court dated 6.02.2009. Hence, the post of Pramukh fell vacant. The District Magistrate, in exercise of the power conferred on him under section 9(2) of the Amendment Act and the Rules thereunder, nominated the appellant for the post by order dated 2.07.2010. The sixth respondent, holding the post of Up-Pramukh, aggrieved by the aforesaid order of the District Magistrate, filed a writ petition in the High Court of Allahabad (CMWP No. 40262/2010).

8. On 22.10.2005, the appellant was elected as a member of the Block Development Committee from Kshettra Panchayat Majhwan, Mirzapur from a general seat. The seventh respondent was elected as the Senior Up- Pramukh. A no-confidence motion was passed against the Pramukh as a result of which the post of Pramukh fell vacant. The District Magistrate appointed the seventh respondent to discharge the functions of Pramukh.

10. On 27.02.2006, Smt. Pushpa was appointed as Pramukh of the Kshettra Panchayat, Motigarpur, district Sultanpur. The fourth respondent was appointed as Up-Pramukh. A no-confidence motion was brought against Smt. Pushpa on 4.01.2008. Smt. Pushpa challenged the Ordinance dated 20.08.2007 by filing a writ petition in the Allahabad High Court, which was dismissed on 6.02.2009. Smt. Pushpa filed an SLP before this court, which was dismissed by a judgment dated 4.05.2010 titled - Bhanumati case (supra).

12. Aggrieved, the fourth respondent filed a writ petition (No. 7272(MB)/2010) in the Allahabad High Court. The High Court, by way of impugned order dated 26.08.2010, quashed the order of the District Magistrate and restrained the appellant from 6 interfering with the functioning of the respondent.

14. Thereafter, the District Magistrate dismissed Smt. Sonu Devi from the post of Pramukh on 19.07.2010 and nominated the appellant for the said post. Aggrieved, the sixth respondent filed a writ petition (No. 7626(M/B)/2010) in the Allahabad High Court. The High Court passed an interim order relying on the judgment of the Allahabad High Court 7 dated 26.08.2010 in writ petition No. 7272/2010. The High Court stayed the operation of the order of the District Magistrate dated 19.07.2010 and restrained the appellant from looking after the work of Pramukh and directed the sixth respondent to discharge the functions of Pramukh till further orders of the court or till the Pramukh was elected. Hence, the present appeal before this court.

16. Consequently, the District Magistrate dismissed Smt. Sushila Devi from the post of Pramukh on 29.07.2010 and nominated the appellant for the post on 30.07.2010. Aggrieved, the fourth respondent filed a writ petition (No. 7604 (M/B)/2010) before the Allahabad High Court. The High Court passed the impugned interim order dated 26.08.2010 relying on the judgment in CMWP No. 7272/2010 and directed the fourth respondent to function as Pramukh and restrained the appellant from interfering in the functioning of the fourth respondent. Hence, present appeal.

17. The appellant was elected a member of the Kshettra Panchayat, Bhaluani district- Deoria. A no confidence motion was passed against the Pramukh of Kshettra Panchayat, Bhaluani district- Deoria on 6.8.2010 as a result of which the said post fell vacant. On 11.8.2010, the District Magistrate nominated the seventh respondent to the vacant post of Block Pramukh.

18. The eighth respondent challenged the said order by filing a writ petition (No. 50547/2010) in the High Court. The High Court followed the order passed in CMWP No. 40262/2010 and passed the impugned interim order staying the judgment dated 11.8.2010. Hence, the appellant (who was not a party before the High Court) filed the present appeal before this court. 10 Civil Appeal No ..@ SLP 27404/2010

20. Thereafter, the District Magistrate dismissed Smt. Bindu Devi from the post of Pramukh on 19.7.2010 and nominated the appellant for the said post. Aggrieved, the seventh respondent filed a writ petition (No. 44066/2010) in the Allahabad High Court. The High Court, vide the impugned judgment dated 28.8.2010, quashed the order of the District Magistrate after relying on the judgment of the Allahabad High Court in CMWP No. 40262/2010.

21. Hence the present appeal.

(Emphasis added)

(underlined for emphasis)

48. We, therefore, affirm the orders passed by the District Magistrates in exercise of their power under Section 9(2) and 9A. We cannot agree with the reasoning to the contrary given in the High Court judgment.

49. In light of the above reasoning, the appeals are allowed, the judgments of the High Court in all these cases are set aside.

50. There will be, however, no order as to costs.