HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 7852 of 2024 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. We had passed a detailed order on 26.11.2025 after hearing the arguments raised by learned Counsel for the petitioners that the District Magistrate has deliberately favoured the sitting Block Pramukh and has acted in contravention of judgement rendered by a Full Bench of this Court in Mathura Prasad Tiwari Vs. Assistant District Panchayat Raj Officer, Faizabad & another and the Full Bench decision of this Court in Smt. Sheela Devi Vs. State of U.P., AIR 2015 All 65. 2. We had also recorded the submissions made by learned Counsel that in Kavita Vs. State of U.P., through Secretary & others, 2019 CRI LJ 4257, both the judgements of Full Bench have been affirmed. 3. It is the case of the petitioners that the petitioners along with 15 other members of the Kshetra Panchayat had given a 'No Confidence Motion' against the sitting Block Pramukh to the District Magistrate, but the District Magistrate instead of just examining the said notice of motion to prima facie come to a satisfaction that the requirements of Section 15 of the U.P. Panchayat Raj Act had been met, had entered into a dispute on a personal level and had called for affidavits of such members who had disputed their signatures made on the notice of the 'No Confidence Motion'. Versus Counsel for Petitioner(s) : Sudhakar Mishra, Manoj Kumar Dwivedi, Vivek Tiwari Counsel for Respondent(s) : C.S.C., Shikha Srivastava, Suneel Kumar Singh Kalhans Suman Gautam And 33 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Panchayati Raj And 3 Others .....Respondent(s) 4. We had summoned the original record from the office of the District Magistrate. 5. Having gone through the original record, we find that initially a notice for moving a 'No Confidence Motion' was submitted by the petitioner along with 15 members of the Kshetra Panchayat. Later on, at least 12 such Kshetra Panchayat members, who had allegedly signed on such notice of 'No Confidence Motion' appeared before the District Panchayat Raj Officer, Sultanpur and stated that they had not given any such affidavit. They had not signed on the notice of 'No Confidence Motion'. 6. It has also been mentioned that one member Smt. Neetu Singh had initially mentioned Ward No.7 against her name. On verification it was found that she was the member of Ward No.5 and not of Ward No.7. 7. We have gone through the letter of the District Panchayat Raj Officer dated 21.08.2024 and we find that when the notice of 'No Confidence Motion' was given by the petitioner along with 15 other members of the Kshetra Panchayat, the District Magistrate had ordered the District Panchayat Raj Officer to verify the signatures of such members of the Kshetra Panchayat, who had signed the 'No Confidence Motion'. Such action could not have been taken by the District Magistrate as the Full Bench decision in Smt. Sheela Devi (supra), which has been followed consistently and affirmed in the judgement rendered in Kiran Pal Singh Vs. State of U.P. and others and in Kavita Vs. State of U.P., as aforesaid, has only obliged the Collector to scan the copy of the notice to find out whether it fulfilled the essential requirement of valid notice. 8. The Hon'ble Supreme Court as well as this Court has observed repeatedly that such exercise of scanning of notice to find out whether it fulfilled the conditions mentioned under Section 15 of the U.P. Panchayat Raj Act, has to be done in a summary manner. Verification of signatures as has been directed to be done by the District Magistrate by the District Panchayat Raj Officer was not required at all. 9. Hence, we find the order of the District Magistrate passed on the basis of letter dated 21.08.2024 to be without jurisdiction. The same is set aside. WRIC No. 7852 of 2024 2 10. Let the notice of 'No Confidence Motion' be proceeded in accordance with the Rules and the statutory provisions in this regard within the time frame as provided. 11. The writ petition stands allowed. December 8, 2025 Rahul WRIC No. 7852 of 2024 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench