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2014 DIGILAW 2026 (ALL)

Jaiwati v. State of U. P.

2014-07-10

A.P.SAHI, VIVEK KUMAR BIRLA

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JUDGMENT Amreshwar Pratap Sahi & Vivek Kumar Birla,JJ.: - Heard Sri Shashi Nandan learned Senior Advocate for the petitioner and Sri Kesri Nath Tripathi learned Senior Advocate alongwith Sri Rakesh Pandey for the caveator-respondent. 2. The challenge raised in this petition is to the convening of the meeting for the no confidence motion of Zila Panchayat Gautambudh Nagar. Sri Shashi Nandan has relied on the order of reference in the case of Smt. Sheela Devi Vs. State of the U.P. and others reported in 2014 (1) ADJ page 717 to contend that since this issue has already been referred to a larger Bench, on the facts of this case, the same course can be adopted. He has also relied on another Division Bench interim order in Writ Petition No. 31071 of 2014. 3. The contention raised is that out of fifteen Members, ten are alleged to have signed the motion proposing to bring the no confidence against the Adhyaksh-petitioner, but four signatures out of them are forged. To substantiate this the petitioner has filed the affidavits of three of the Members which are in the shape of notary affidavits who are alleged to have not signed the notice. 4. Sri Shashi Nandan contends that in the application it has been stated that the signatures are forged. 5. We have carefully perused the affidavits in support of that application where the photographs of those three persons are pasted. It is clear that the affidavits nowhere recite that their signatures are forged. 6. In the aforesaid backdrop and the admitted position on record the contention raised on the basis of the affidavits is not tenable and factually unsubstantiated in the eyes of law. Petition lacks merit and is accordingly dismissed.