Dismissed

Kaushal Kishor Dwivedi and 4 Others v. State of U P and 4 Others

Allahabad HC12 Oct 2018WRIC/34821/2018

Case brief

AI extract

What is this about?

The court dismissed a writ petition filed by elected members of a Zila Panchayat challenging a resolution passed by the body. The court held that collective wisdom prevails over individual views, making the members bound by the resolution and devoid of locus standi to challenge it individually.

What did the court decide?

The writ petition was dismissed with liberty to take recourse to other remedies available in law.

Kaushal Kishor Dwivedi and 4 Others Vs State of U P and 4 Others — Allahabad HC (2018) — LawSathi Research

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Court No. - 29

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Case :- WRIT - C No. - 34821 of 2018

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Petitioner :- Kaushal Kishor Dwivedi And 4 Others Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Kamal Krishna Roy Counsel for Respondent :- C.S.C.,Mohd. Waris

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Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.

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Heard Sri O.P. Singh, Senior Counsel, assisted by Sri K.K. Roy, learned counsel appearing for the petitioners.

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Learned Standing Counsel has accepted notice on behalf of respondents No. 1, 2 & 3.

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Sri Manoj Gautam, learned counsel has appeared along with Sri Ravi Kiran Jain, Senior Counsel on behalf of respondent No.4 and Sri V.K. Shukla, learned counsel has appeared for respondent 5.

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The petitioners are all elected members of the Zila Panchayat, Hamirpur.

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It appears that a motion of no confidence was passed against the erstwhile Chairman of the Zila Panchayat and a new Chairman was elected on 25.09.2018. On the said very day, when the new Chairman took oath, a resolution has been passed by the Zila Panchayat, Hamirpur.

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The petitioners have preferred this petition challenging the aforesaid resolution dated 25.09.2018 and the notice dated 01.09.2018 for consideration of the agenda in that regard.

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The petitioners have not enclosed the copy of the resolution dated 25.09.2018.

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The contention is that no resolution could have been passed on the basis of the notice dated 01.09.2018 as in the meantime a new Pradhan had been elected and the District Magistrate who had issued the notice ceased to be the power of the Management of the Zila Panchayat.

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The law of meetings clearly provides that the collective wisdom of a body conducting the meeting shall prevail over individual wisdom of its members. Therefore, the

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members if aggrieved by any resolution of the body are not entitle to challenge it individually.

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Since the petitioners are members of the Zila Panchayat they are bound by the resolution passed by it and have no locus to challenge the same.

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In view of above, we find no merit in the petition and the same is dismissed with liberty to take recourse to other remedies as may be available to them in law.

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Order Date :- 12.10.2018 piyush

Kaushal Kishor Dwivedi and 4 Others v. State of U P and 4 Others

Case brief

What is this about?

What did the court decide?

Kaushal Kishor Dwivedi and 4 Others v. State of U P and 4 Others

Case brief

What is this about?

What did the court decide?

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