This court dismissed a writ petition challenging the petitioner's exclusion from a Zila Panchayat meeting, holding that mere inability to participate or submit proposals does not render lawful decisions illegal.
The writ petition is dismissed.
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Court No. - 32
Case :- WRIT - C No. - 40205 of 2018
Petitioner :- Punya Prakash Tiwari Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Deepti Srivastava, Ajal Krishna Counsel for Respondent :- C.S.C., Surnedra Prasad Shukla
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
On the request of the learned counsel for the respondent nos. 3 and 4, the matter was placed today to enable him to seek instructions in the matter.
Today, learned Standing Counsel on the basis of the instructions received by the respondent no. 4 through its letter dated 11.12.2018 has informed the Court that during the period of bye-election of Zila Panchayat, no model code of conduct was imposed by the State Election Commission.
Even otherwise also, we do not see any merits in the writ petition as according to the petitioner he was elected as the Member of Zila Panchayat, Kushinagar on 28.08.2018 and thereafter a meeting was held on 01.09.2018 wherein the agenda for Financial Year 2018-19 was discussed and the work was allotted for different wards of Zila Panchayat, Kushinagar. Merely because the petitioner could not participate in the meeting and submit proposals for carrying out development in his ward, the decisions taken in the said meeting will not be rendered illegal. He can ventilate his grievance in the next meeting, if there is no legal impediment.
With the aforesaid observation, this writ petition stands dismissed.
Order Date :- 13.12.2018
Arun
2 issues framed by the court
Whether the petitioner suffers any legal grievance regarding inability to participate in a Zila Panchayat meeting.
Whether decisions taken in a meeting without the petitioner's participation are rendered illegal.
Punya Prakash Tiwari
State Of U P
Respondent Nos. 3 and 4
Shashi Kant Gupta
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
