HC directs Govt to framework standards for holding matches of bodies | Allahabad News


Prayagraj: The Allahabad high court has directed the state government to think about framing of recommendations within three months, while keeping view the Covid-19 pandemic, regarding holding of statutory meetings of bodies, such as those for contemplating’no-confidence moves’.
The court directed that a copy of the decision be sent to the chief secretary of the nation for its mandatory compliance.
Dismissing a writ petition filed by Tripti Rani of Bijnor, a division bench comprising Justice Shashi Kant Gupta and Justice Piyush Agrawal detected,”Throughout the Covid-19 pandemic, everyone must act with extreme caution so the spread of disease might be curtailed as far as possible”
The petitioner, Tripti Rani, is that the Pramukh of this Kotwali Kshetra Panchayat, Bijnor. A no-confidence movement was transferred against her in accordance with the process laid down in Uttar Pradesh Kshetra Panchayat and Zila Panchayat Act, 1961.
Consequently the district magistrate, Bijnor issued a note dated August 21, 2020, convening a meeting due to the movement of no-confidence on September 15, 2020.
The petitioner contested the note dated August 21 on the floor that because there are approximately 185 members at the Kotwali Kshetra Panchayat, district Bijnor, they surpassed the amount of persons allowed under the guidelines to get phased re-opening (unlock-4) issued from the Ministry of Home Affairs, Government of India on August 29, 2020.
It was further submitted that in light of the aforesaid guidelines, the suggested assembly due to no- confidence motion can’t be convened on September 15, 2020 because it could be in breach of the conditions of the Disaster Management Act.
Rejecting the pleas of this petitioner, the court observed,”In a democratic setup where appropriate to regulate is dependent upon the will of these individuals, the man or woman that has dropped the majority can’t be allowed to hold office. If a representative no longer enjoys the confidence of the public, elected representatives have a right to eliminate him and he cannot be allowed to stay in power even for another and must be replaced with a newly elected representative”
Hence, considering the facts and circumstances of this situation, the court directed the District Magistrate, Bijnor to make sure all of the protocols applicable for physical and social distancing are adhered to while holding the assembly due to the motion of no confidence.
Further, the court directed the seating arrangements are created in this fashion so that it might stick to the prescribed criteria.
Further, the DM can also explore the potential for seats the members of this Kotwali Kshetra Panchayat in a few different rooms, a huge hallway or in open area. The Authority worried may also explore the possibility of holding a digital session, even with the assistance of modern technical tools, the court included.
Along with this, the court directed the District Magistrate or his representative, that would be present on the place, are the very best individual to comprehend the ground reality for holding the projected no-confidence movement in the finest possible way.
“We trust and hope he would guarantee that each of the protocols, as prescribed under the rules and standards issued by the Central and state governments and the observations made in this decision will be followed closely,” the court added.


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