Usha Bharti vs State Of U.P. & Ors

3. Since the issues raised in these appeals are pristinely legal, it would not be necessary to make a detailed reference to the facts, leading to the filing of the present appeals. Even otherwise, the High Court in the impugned judgment has made an elaborate survey of the facts. Therefore, it is unnecessary to repeat the same. However, the foundational facts for challenging the impugned judgment of the High Court are recapitulated for ready reference.

4. The appellant successfully contested the election held in October, 2010 for becoming a Member of the Zila Panchayat, Sitapur, U.P. 62 candidates were elected as the Members of the Zila Panchayat including the appellant and respondents 5 to 37. On 12th December, 2010, the appellant was elected as Adhyaksh of the Zila Panchayat, Sitapur. On 30th October, 2012, a notice of proposed Motion of No Confidence was given to the Collector, Sitapur for calling a meeting under Section 28 of the U.P. Kshettra Panchayat & Zila Panchayat Act, 1961 (for short ‘the Act’). The notice calling for a Motion of No Confidence was signed by 37 members. The legal requirement under Section 28(2) is that a motion expressing want of confidence in the Adhyaksh must be signed by not less than half of the total number of elected members. On 31st October, 2012, the Collector, Sitapur issued a notice informing the elected members that a meeting for considering the Motion of No Confidence will be held on 23rd November, 2012.

5. Aggrieved by the issuance of said notice, the appellant filed Writ Petition No.9654 of 2012 on various grounds alleging that the motion for no confidence has been done with an ulterior motive to usurp the office of the appellant. It was alleged that atleast three members whose names were mentioned in the Motion for No Confidence had not signed the motion/notice requesting the Collector to call a meeting. The appellant made the following prayers in the writ petition :-

6. The High Court on 21st November, 2012 directed the District Judge or any Additional District Judge nominated by him to hold an enquiry to ascertain genuineness of the affidavits and signatures of members and to submit a report thereon before the next date of hearing. It was also directed that further proceedings of “No Confidence Motion” shall remain in abeyance. The matter was to be listed on 20th December, 2012. The report was duly submitted, which indicated that 33 Members had admitted their signatures appearing on the notice, and the affidavits, submitted in connection with the motion of no confidence. It was also stated that “among those members, in respect of whom signatures and affidavits were doubted, the report of Deputy Director (Pralekh) mentions that Zila Panchayat Member Mr. Vijay Kumar has also proved to have been signed and submitted the notice and the affidavit. Accordingly, 34 Zila Panchayat Members are found to have applied for bringing in the motion of no confidence.” Taking note of the aforesaid report, the High Court dismissed the writ petition with the following observations:

10. The prayer made by Mr. Shanti Bhushan that the operation of the impugned order be stayed for two weeks to enable the appellant to approach the High Court by way of review petition was declined. It was, however, made clear that the result of the meeting, which was scheduled to be held on 22nd February, 2013, shall not be declared for a further period of two weeks.

12. Upon completion of the pleadings, the High Court by an elaborate judgment has dismissed the Review Petition by the impugned order dated 4th July, 2013. On 10th July, 2013, the District Magistrate, Sitapur fixed a meeting for counting of votes on 12th July, 2013. Aggrieved by the judgment of the High Court, the appellant filed SLP in this Court on 11th July, 2013. The matter was mentioned in Court at 10.30 A.M. before the Chief Justice of India. A direction was issued by the Chief Justice of India to the Registry to place the matter before this bench at the end of the list. In the meantime, No Confidence Motion was passed against the appellant with 33 votes in favour of the No Confidence Motion and 23 against with 6 votes being declared invalid. The counting was supervised by the Civil Judge, Sitapur. The representative of the petitioner/appellant was present and had stated that he is satisfied with the counting of votes. There has been no challenge to the result of the No Confidence Motion, with regard to the counting of votes. On 12th July, 2013, at about 12.15 P.M., this Court issued notice and directed that “in the meanwhile, status quo, as it exists today, shall be maintained”. Since Respondent No.5 had filed a caveat on 11th July, 2013 at about 11.00 A.M. and no notice had been given to her before hearing the Special Leave Petition, she filed an application seeking recall of the aforesaid order dated 12th July, 2013. It was claimed that Respondent No. 5 sought recall on the following grounds:-

14. Respondent No. 5 was impleaded as Respondent No. 4 in the aforesaid Contempt Petition. However, notice of contempt was issued only against official Respondent Nos. 1, 2 and 3. I.A. No. 8 was filed on 18th November, 2013 pointing out that in spite of No Confidence Motion having been passed, the appellant has continued to take policy decisions which were not only prejudicial to public interest but would also create several problems for Zila Panchayat, in case the present appeal is dismissed. The aforesaid application came up for hearing on 19th November, 2013. It was pointed out on behalf of Respondent No. 5 that the appellant had issued a Notice of Meeting on 8th November, 2013 of the meeting of the Zila Panchayat, Sitapur to be held on 20th November, 2013 at 11.30 A.M. to take decision on Subject Nos. 1 to 16 enumerated in Annexure A3 to the Interlocutory Application.

Is Bhanumati & Ors. per incuriam ?

50. In the face of these findings, it would not be possible to accept the submission of Mr. Bhushan that the judgment in Bhanumati & Ors. (supra) is either per incuriam or requires reconsideration.

64. In view of the observations made in the aforesaid judgments, this Court would not be justified in holding that the High Court has erred in law in not reviewing its earlier judgment.

66. In view of the above, the appeal is accordingly dismissed.

Contempt Petition No.287 of 2013 in CIVIL APPEAL NO………………. OF 2014 (Arising out of SLP (C) No.22035 of 2013)

68. In view of the judgment passed by this Court in Civil Appeal No……………… of 2014 (Arising out of SLP (C) No.22035 of 2013), this Petition is dismissed as having become infructuous.

CIVIL APPEAL NO……………OF 2014 (Arising out of SLP(C) No.29740 of 2013

69. This Civil Appeal was filed by Smt. Rukmini Devi, challenging final order and judgment dated 19th August, 2013 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Writ Petition No. (MB) 5999 of 2013.

70. The issues raised in this civil appeal are identical to those that we have examined in Civil Appeal No……………… of 2014 (Arising out of SLP (C) No.22035 of 2013). Therefore, in view of the judgment in the Civil Appeal No……………… of 2014 (Arising out of SLP (C) No.22035 of 2013), this appeal is also dismissed.