# Piyush Kumar Sharma v. State of U.P. & Ors

- **Citation:** (2023) 3 ILRA 360
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-01-31
- **Case number:** Writ C No. 30151 of 2022
- **Bench:** Surya Prakash Kesarwani, Jayant Banerji
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/piyush-kumar-sharma-v-state-of-u-p-ors-49818
- **Pages:** 8

## Headnote

A. Economic Weaker Section Scheme -
EWS Certificate - Cancellation by the
Tahsildar - Office Memorandum dated
31.01.2019 - Clause 4.1 and 4.2 - Word
'family' - Meaning - Total residential plot
owned by the family of the petitioner is
much more than the maximum asset
specified in paragraph 4.1 of the EWS
Scheme - Effect - Test to determine EWS
status - The property held by a "Family" in
different
locations
or
different
places/cities would be clubbed while
applying the land or property holding test
to determine EWS status. (Para 15 and
16)

B. Economic Weaker Section Scheme -
False
claim
made
to
obtain
EWS
Certificate - Effect - Held, if any person
gets an appointment on the basis of such
false claim, his/her services shall be
terminated invoking conditions contained
in the offer of appointment
- Any
vacillation
or
dilution
of
the
strict
provisions of the EWS scheme regarding
issuance of EWS certificate would hit the
root of the very purpose of the EWS
scheme rendering such an act abhorrent
3 All. Piyush Kumar Sharma Vs. State of U.P. & Ors.
361
to the scheme of the Constitution of India.
(Para 17 and 18)

Writ petition dismissed. (E-1)

## Text

360 INDIAN LAW REPORTS ALLAHABAD SERIES
jurisdiction to decide the matter on merits
in the Writ Petition itself.

xv. Violation of natural justice
has been recognised as a ground signifying
the presence of a public law element and
can found a cause of action premised on
breach of Article 14. [See Sudhir Kumar
Singh (supra)]."

 (emphasis supplied)

51. This Court has carefully gone
through the agreement and finds that it is
an agreement between a private Insurance
Company and the petitioner and the main
relief sought by the petitioner is with
respect to giving of a direction to the
Insurance Company to make payment to
the petitioner for the service provided in
treating the beneficiaries.

52. This Court also finds that it is a
non statutory contract which has an
arbitration clause appended to it which had
been signed by the petitioner with open
eyes. If the petitioner claims any breach of
such contract, the appropriate remedy for
the petitioner is to approach the alternative
Dispute Redressal Forum/Arbitral Tribunal
as mentioned in clause 16.7 of the
agreement signed between the private
Insurance Company and the petitioner. The
State Government is not a party to such
Contract.

53. This Court therefore finds no
good ground to show interference moreso,
looking into the disputed questions of fact
raised in the form of various affidavits filed
by the parties.

54. In the result, the writ petition
stands dismissed, leaving it open for the
petitioner to approach the appropriate
forum.
----------
(2023) 3 ILRA 360
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 31.01.2023

BEFORE

THE HON'BLE SURYA PRAKASH
KESARWANI, J.
THE HON'BLE JAYANT BANERJI, J.

Writ C No. 30151 of 2022

Piyush Kumar Sharma ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Surya Prakash Pathak

Counsel for the Respondents:
C.S.C.

A. Economic Weaker Section Scheme -
EWS Certificate - Cancellation by the
Tahsildar - Office Memorandum dated
31.01.2019 - Clause 4.1 and 4.2 - Word
'family' - Meaning - Total residential plot
owned by the family of the petitioner is
much more than the maximum asset
specified in paragraph 4.1 of the EWS
Scheme - Effect - Test to determine EWS
status - The property held by a "Family" in
different
locations
or
different
places/cities would be clubbed while
applying the land or property holding test
to determine EWS status. (Para 15 and
16)

B. Economic Weaker Section Scheme -
False
claim
made
to
obtain
EWS
Certificate - Effect - Held, if any person
gets an appointment on the basis of such
false claim, his/her services shall be
terminated invoking conditions contained
in the offer of appointment
- Any
vacillation
or
dilution
of
the
strict
provisions of the EWS scheme regarding
issuance of EWS certificate would hit the
root of the very purpose of the EWS
scheme rendering such an act abhorrent
3 All. Piyush Kumar Sharma Vs. State of U.P. & Ors.
361
to the scheme of the Constitution of India.
(Para 17 and 18)

Writ petition dismissed. (E-1)

(Delivered by Hon'ble Surya Prakash
Kesarwani, J.
&
Hon'ble Jayant Banerji, J.)

1. Heard learned counsel for the
petitioner and the learned standing counsel.

2. Petitioner has filed a supplementary
affidavit dated 31.01.2023, which is taken
on record.

3. The petitioner had moved an
Amendment Application No.2 of 2022
dated 09.11.2022 which was allowed by
order dated 08.12.2022 but the amendments
were not incorporated. On the request of
learned counsel for the petitioner, today we
permitted
him
to
incorporate
the
amendments in the writ petition.

4. This writ petition has been filed
praying for the following relief:

"I. Issue a writ order or direction
in the nature of mandamus by direct the
respondents nod. 2 & 3 to renew the E.W.S.
certificate of the petitioner.

(I-a) Issue a writ order or
direction in the nature of Certiorari
quashing the order dated 23rd of June 2022
passed by respondent no.3 whereby his
application
for
grant
of
E.W.S.
(Economically Weaker Section) certificate
has been rejected.

II. Issue a writ order or direction
in the nature of mandamus by directing the
respondent no.3 to lodged the first
information report against the Lekhpal,
Jogendra Singh Solanki."

5. Briefly stated facts of the present
case are that the petitioner had earlier
obtained a certificate of "Economically
Weaker Section" (EWS) being Certificate
No.1252 dated 28.09.2021 valid for the
year 2021-22, on a declaration made by
him that annual income of his family is
below eight lacs rupees and his family does
not possess any of the specified assets.
Subsequently, some complaint was made
and a verification was carried in which it
was found by the authorities that the
petitioner's family possesses a 183 square
yard residential house with 100 square
yards ''Gher' at village Khandeha and also
owns a residential plot of 150 square yards
in village Chhajjupur which is much more
than the maximum limit of area of land/
house prescribed to be owned by a family
of a person intending to obtain a certificate
of EWS. Consequently, EWS certificate
issued by the authorities to the petitioner
was cancelled by order dated 23.06.2022
passed by the Tehsildar, Khair, Aligarh
which is reproduced below:

"कायाटलय तहसीलिार खैर, अलीगढ़।

पिांक- मीमो आर०सी०/आई०जी०आर०एस०/2022

शिनांक-23 जून 2022

प्रभारी अशधकारी शिकायत

अलीगढ़।

महोिय,

श्री पीयूष कुमार िमाट पुि सतीि चन्द्र िमाट शन०
खण्डेहा पर० र््पल तह० खैर शजला अलीगढ़ की जनसुनवाई पोर्टल
पर
प्राप्त
शिकायती
प्राथटना
पि
शिकायत
सं०92214300026602 का संिभट ग्रहण करने का कष्ट करें।

उपरोक्त के सम्पबन्द्ध में रा०शन० से जााँच आख्या प्राप्त
की गयी। राजस्व शनरीक्षक खैर द्वारा अपनी जााँच आख्या में
उशललशखत शकया गया शक आवेिक व उसके पररवार के पास ग्राम
खण्डेहा में 183 वगटगज का आवासीय मकान व 100 वगटगज का
घेर तथा ग्राम छजूपुर में 150 वगटगज का आवासीय ्लार् है। इस
प्रकार पैतृक सम्पपशि शमलाकर इनकी कुल पररसम्पपशि 200 वगटगज
362 INDIAN LAW REPORTS ALLAHABAD SERIES
से अशधक है। उपरोक्त शववरण के अनुसार आवेिक प्रथम दृशष्टया
ई०डब्लू०एस० हेतु पाि प्रतीत नहीं होता है।

अतः रा०शन० की जााँच आख्या सन्द्िशभटत प्राथटना पि
को शनक्षेशपत शकये जाने हेतु सािर प्रेशषत है।

ह० अप०

 तहसीलिार खैर।

अलीगढ़"

प्रशतशलशपः- श्री पीयूष कुमार िमाट पुि सतीि चन्द्ि िमाट शन०
खण्डेहा पर० र््पल तह० खैर शजला अलीगढ़ को सूचनाथट।
ह० अप०
तहसीलिार खैर।
अलीगढ़"

6. Aggrieved with the aforesaid order
dated 23.06.2022, the petitioner has filed
the present writ petition.

7. Learned counsel for the petitioner
submits that house at village Khandeha is
an ancestral house in which his father's
brother and two sisters have shares and,
therefore, the share of the petitioner's father
comes to only 20 square yards and the
petitioner is not in possession of 100
square
yards
''Gher'.
Referring
to
paragraph-6 of the supplementary affidavit
dated 31.01.2023, he submits that thus, the
petitioner's family does not own residential
plot/ house of more than 200 square yards
and therefore, the cancellation of EWS
certificate
of
the
petitioner
by
the
impugned order dated 23.06.2022 is wholly
arbitrary and illegal.

8. Learned standing counsel supports
the impugned order.

9. We have carefully considered the
submissions of the learned counsel for the
parties and perused the records of the writ
petition.

10. Before we proceed to consider
rival submissions of learned counsel for the
parties, it would be useful to reproduce the
Office Memorandum No.36039/1/2019Estt. (Res) issued by Government of India,
Ministry of Personnel, Public Grievances
and Pensions Department & Training, New
Delhi, dated 31.01.2019, which provides
for reservation for economically weaker
sections, as under:

"No.36039/1/2019-Estt (Res)
Government of India
Ministry of Personnel, Public Grievances
& Pensions
Department of Personnel & Training

North Block, New Delhi
dated the 3lst January, 2019
OFFICE MEMORANDUM

Subject:
Reservation
for
Economically Weaker Sections (EWSs) in
direct recruitment in civil posts and
services in the Government of India.

In
continuation
of
this
Department's Office Memorandum of even
number dated 19.01.2019, the following
instructions are issued in consultation with
Ministry
of
Social
Justice
and
Empowerment and Department of Legal
Affairs regarding reservation for EWSs not
covered under the reservation scheme for
SCs/STs/OBCs
in
respect
of
direct
recruitment in civil posts and services in'
the Government of India.

2. QUANTUM OF RESERVATION

The persons belonging to EWSs who,
are not covered under the scheme of
reservation for SCs, STs and OBCs shall
get 10% reservation in direct recruitment in
civil posts and services in the Government
of India.

3.
EXEMPTION
FROM
RESERVATION:

3.1 "Scientific and Technical" posts
which satisfy all the following conditions
can be exempted from the purview of the
3 All. Piyush Kumar Sharma Vs. State of U.P. & Ors.
363
reservation orders by the Ministries/
Departments:

(i) The posts should be in grades
above the lowest grade in Group A of the
service concerned.

(ii) They should be classified as
"scientific or technical" in terms of Cabinet
Secretariat [OM No. 85/11/CF-61(1) dated
28.12.1961], according to which scientific
and technical posts for which qualifications
in the natural sciences or exact sciences or
applied sciences or in technology are
prescribed and, the incumbents of which
have to use that knowledge in the discharge
of their duties.

(iii)
The
posts
should
be
'for
conducting research' or 'for organizing,
guiding and directing research'.

3.2 Orders of the Minister concerned
should be obtained before exempting any
posts satisfying the above condition from
the purview of the scheme of reservation.

4. CRITERIA OF INCOME &
ASSETS:

4.1 Persons who are not covered
under the scheme of reservation for SCs,
STs and OBCs and whose family has gross
annual income below Rs 8.00 lakh (Rupees
eight lakh only) are to be identified as
EWSs for benefit of reservation. Income
shall also include income from all sources
i.e.
salary,
agriculture,
business,
profession, etc. for the financial year prior
to the year of application.

Also persons whose family owns or
possesses any of the following assets shall
be excluded from being identified as EWS,
irrespective of the family income:-

i. 5 acres of agricultural land and
above;

ii. Residential flat of 1000 sq ft. and
above;

iii. Residential plot of 100 sq. yards
and above in notified municipalities;

iv. Residential, plot of 200 sq. yards
and above in areas other than the notified
municipalities.

4.2. The property held by a "Family"
in
different
locations
or
different
places/cities would be clubbed while
applying the land or property holding test
to determine EWS status.

4.3 The term "Family" for this purpose
will include the person who seeks benefit of
reservation, his/her parents and siblings
below the age of 18 years as also his/her
spouse and children below the age of 18
years.

5.
INCOME
AND
ASSET
CERTIFICATE ISSUING AUTHORITY
AND
VERIFICATION
OF
CERTIFICATE:

5.1 The benefit of reservation under
EWS can be availed upon production of an
Income and Asset Certificate issued by a
Competent Authority. The Income and Asset
Certificate issued 'by any one of the
following authorities in the prescribed
format as given in Annexure -I shall only
be accepted as proof of candidate's claim
as 'belonging to EWS: -

(i)
District
Magistrate/Additional
District Magistrate/ Collector/ Deputy
Commissioner/Additional'
Deputy
Commissioner/
1st
Class
Stipendary
Magistrate/
Sub-Divisional
Magistrate/
Taluka Magistrate/ Executive Magistrate/
Extra Assistant Commissioner

(ii)
Chief
Presidency
Magistrate/Additional
Chief
Presidency
Magistrate/ Presidency Magistrate

(iii) Revenue Officer not below the
rank of Tehsildar and

(iv) Sub-Divisional Officer or the area
where the candidate and/or his family
normally resides.

5.2 The Officer who issues the
certificate would do the same after
carefully verifying all relevant documents
364 INDIAN LAW REPORTS ALLAHABAD SERIES
following due process as prescribed by the
respective State/UT.

5.3 The crucial date for submitting
income and asset certificate by the
candidate may be treated as the closing
date for receipt of application for the post,
except in cases where crucial date is fixed
otherwise.

5.4 The appointing authorities should,
in the offer of appointment to the
candidates claiming to be belonging to
EWS, include the following clause :-

"The appointment is provisional and is
subject to the Income and asset certificate
being verified through the proper channels
and if the verification reveals that the claim
to belong to EWS is fake/false the services
will be terminated forthwith without
assigning any further reasons and without
prejudice to such further action as may be
taken under the provisions of the Indian
Penal Code for production of fake/false
certificate."

The appointing authority should verify
the veracity of the Income and asset
certificate submitted by the candidate
through the certificate issuing authority

5.5 Instructions referred to above
should be strictly followed so that it may
not be possible for an unscrupulous person
to secure employment on the basis of a
false claim and if any person gets an
appointment on the basis of such false
claim, her/his services shall be terminated
invoking the conditions contained in the
offer of appointment

6. EFFECTING RESERVATION -
MAINTENANCE OF ROSTERS:

6.1 Department of Personnel and
Training
had
circulated
Office
Memorandum
No.36012/2/96-Estt(Res)
dated
July
2,
1997
regarding
implementation of post based reservation
roster. The general principles for making
and operating post based reservation roster
would be as per the principles laid down in
the said Office Memorandum.

6.2 Every Government establishment
shall now recast group-wise post-based
reservation
roster
register
for
direct
recruitment in accordance with format
given in Annexure II, III, IV and V, as the
case may be, for effecting 10% reservation
for EWSs interpolating them with the SCs,
STs and OBCs. While fixing roster point, if
the EWS roster point coincides with the
roster points of SCs/STs/OBCs the next
available UR roster point has been allotted
to the EWSs and also the principle of
"squeezing" has been kept in view. While
drawing
up
the
rosters,
the
cadre
controlling
authorities
may
similarly
"squeeze" the last points of the roster so as
to meet prescribed 10% reservation.

6.3 Where in any recruitment year any
vacancy earmarked for EWS cannot be
filled up due to non availability of a
suitable candidate belonging to EWS, such
vacancies for that particular recruitment
year shall not be carried forward to the
next recruitment year as backlog.

6.4
Persons
belonging
to
EWS
selected against the quota for persons with
benchmark disabilities/ex-servicemen shall
be placed against the roster points
earmarked for EWS.

7.
ADJUSTMENT
AGAINST
UNRESERVED VACANCIES:

A person belonging to EWS cannot be
denied
the
right
to
compete
for
appointment
against
an
unreserved
vacancy. Persons belonging to EWS who
are selected on the basis of merit and not
on account of reservation are not to be
counted towards the quota meant for
reservation.

8.
FORTNIGHTLY/ANNUAL
REPORTS
REGARDING
REPRESENTATION OF EWS:
3 All. Piyush Kumar Sharma Vs. State of U.P. & Ors.
365

The Ministries/Departments shall send
single
consolidated
fortnightly
report
including their attached/subordinate offices
beginning from 15.2.2019 as per format at
Annexure-VI.

From
01.01.2020,
the
Ministries/Departments shall upload data
on representation of EWSs in respect of
posts/services
under
the
Central
Government
on
the
URL
i.e.
www.rrcps.nic.in as on 1st January of every
year. All
Ministries/Departments
have
already been provided respective usercode
and password with guidelines for operating
the URL.

9. MAINTENANCE OF REGISTER
OF
COMPLAINTS
BY
THE
GOVERNMENT ESTABLISHMENT:

9.1 Every Government establishment
shall appoint a senior officer of the
Department as the Grievance Redressal
Officer.

9.2 Any person aggrieved with any
matter
relating
to
discrimination
in
employment against any EWS may file a
complaint with the Grievance Redressal
Officer of the respective Government
establishment. The name, designation and
contact details of the Grievance Redressal
Officer may be displayed prominently on
the website and in the office of the
concerned establishment.

10. LIAISON OFFICER:

Ministries/Departments/Attached and
Subordinate Offices shall appoint Liaison
Officer to monitor the implementation of
reservation for EWSs.

11. The above scheme of reservation
will be effective in respect of all direct
recruitment vacancies to be notified on or
after 01.02.2019.

12. All the Ministries/Departments are
requested to bring the above instructions to
the notice of all appointing authorities,
under their control. In case of any difficulty
with regard to implementation of the
provisions of this OM, the concerned
authorities may consult DOP&T through
their administrative Ministry/Department.
Encl: As above.
(G. Srinivasan)
Director
Ph.No.011-23093074"

A

11. The definition of the word
''family' given in the aforesaid Office
Memorandum
dated
31.01.2019
(hereinafter referred to as the "EWS
Scheme") provides that the family for the
purposes of the EWS Scheme will include
the person who seeks benefit of reservation,
his/her parents and siblings below the age
of 18 years as also his/her spouse and
children below the age of 18 years. Thus,
the family in the matter of the petitioner
would include his parents. The petitioner
claims himself to be aged about 21 years.
Clause 4.2 of the aforesaid EWS Scheme
provides that the property held by a
"Family" in different locations or different
places/cities would be clubbed while
applying the land or property holding test
to determine EWS status.

12. In paragraphs-26 and 27 of the
writ petition, the petitioner has stated as
under:

"26. That, the father of the
petitioner has only one plot/ property
measuring area 150.05 Sq.Meters, which is
situated at Pargana- Tappal, Village
Chhajupur. For kind perusal of this Hon'ble
Court, the copy of the registered sale deed
of the aforesaid property is being filed
herewith and marked as Annexure No.10
to this writ petition.

27. That, as per guideline of
E.W.S., any person who has more than 200
366 INDIAN LAW REPORTS ALLAHABAD SERIES
Sq. Meter and more than 5 acre, where as
the father of the petitioner has only 150.05
Sq. Meters, and the petitioner has two
persons."

13. In paragraphs-4, 5 and 6 of the
supplementary affidavit dated 23.01.2023,
the petitioner has stated as under:

"4- That, so for as the property
mention in the order dated 23.06.2022 are
concerned, the house which is alleged to
belong to the petitioner is infact an
ancestral house situated in Abadi land
belonging to grandfather of the petitioner
and father of the petitioner is 2 brother and
2 sister, who all have partition the said
house in five shares, therefore father of the
petitioner has got only one fifth share. The
house only small house of absent 100
squire yard and thereafter share of father of
the petitioner only 20 gaj and not beyond.

5- That, there is no Gher of 100
Square Gaj in possession of the petitioner.

6- That, the other land which is in
the name of the father in Chhajupur village
is only of 150 Squire Yard Village
Chhajupur is a Gram Panchayat and is not
a Municipality."

14. Thus, from the facts as admitted
by the petitioner in aforequoted paragraphs
of the writ petition and the supplementary
affidavit, it is evident that a residential plot
measuring 150 square yards is owned by
father of the petitioner. The petitioner has
also admitted that there is a residential
house in 183 square yards but he vaguely
alleged it to be an ancestral house
belonging to his grandfather in which one
brother of his father and two sisters have
shares. Neither any proof of recording of
the name of the father's brother and sisters
over the house in question nor their names
have been disclosed either in the writ
petition or in the supplementary affidavit.
No proof has been filed that house in
village Khandeha is an ancestral house in
which some persons other than the
petitioner's father have shares. With regard
to ''Gher' of 100 square yards, the petitioner
has merely stated that he is not in
possession over the ''Gher' of 100 square
yards and thus, has not denied the
possession of his family over 100 square
yards Gher. Thus, it is admitted to the
petitioner that his family owns 150 square
yards residential plot in village Chhajupur
and 100 square yards residential land/ Gher
at Khandeha besides a house standing on
183 square yards residential land in village
Khandeha of which the father of the
petitioner is the owner or, according to the
petitioner, that 183 square yards house is
apparently owned by his father. Thus, the
total residential plot owned by the family of
the petitioner is much more than the
maximum asset specified in paragraph 4.1
of the EWS Scheme.

15. Since as per own admitted case of
the petitioner, the assets owned by his
family is more than the specified maximum
assets under Para-4 of the EWS Scheme,
therefore, the petitioner is not entitled for
the EWS certificate.

16. Where the State seeks to make
provision for reservation in appointments
or posts in respect of certain class of
citizens (in present case the EWS), any
scheme that is framed by the Government
for identification of EWS and issuance of
certificate of EWS, such scheme has to be
strictly construed and interpreted. A perusal
of the aforesaid EWS scheme leaves no
manner of doubt that criteria for income
and assets mentioned therein have to be
strictly interpreted. As already held above,
the term "Family" has been specified in the
3 All. Anuj Kumar & Anr. Vs. State of U.P. & Ors.
367
scheme and the property held by a
"Family" in different locations or different
places/cities would be clubbed while
applying the land or property holding test
to determine EWS status. The EWS scheme
enjoins the officer who issues EWS
certificate to do so only after careful
verification of the relevant documents
following due process as prescribed by the
respective
State/Union
Territory.
The
appointing authorities are also enjoined to
include a clause in the offer of appointment
to the candidate belonging to EWS as
follows:-

"The appointment is provisional
and is subject to the Income and asset
certificate being verified through the
proper channels and if the verification
reveals that the claim to belong to EWS is
fake/false the services will be terminated
forthwith without assigning any further
reasons and without prejudice to such
further action as may be taken under the
provisions of the Indian Penal Code for
production of fake/false certificate."

17. The EWS scheme also specifically
mentions that the instructions should be
strictly followed so that it may not be
possible for an unscrupulous person to seek
employment on the basis of false claim and
if any person gets an appointment on the
basis of such false claim, his/her services
shall be terminated invoking conditions
contained in the offer of appointment.

18. Any vacillation or dilution of the
strict provisions of the EWS scheme
regarding issuance of EWS certificate
would hit the root of the very purpose of
the EWS scheme rendering such an act
abhorrent to the scheme of the Constitution
of India.

19. For all the reasons aforestated, we
do not find any merit in this writ petition.
Consequently, the writ petition fails and is
hereby dismissed.
----------
(2023) 3 ILRA 367
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 28.02.2023

BEFORE

THE HON'BLE MRS. SUNITA AGARWAL, J.
THE HON'BLE VIPIN CHANDRA DIXIT, J.

Writ C No. 31153 of 2022
Alongwith
other connected cases

Anuj Kumar & Anr. ...Petitioners
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioners:
Sri Sunil Kumar Singh, Sri Awadhesh Kumar
Malviya, Sri G.K. Singh (Sr. Advocate)

Counsel for the Respondents:
C.S.C., Sri Atiqur Rahman Siddiqui, Sri
Rakesh Pande (Sr. Advocate)

A.
Local
body
Law
-
UP
Kshettra
Panchayat and Zila Panchayat Act, 1961 -
Section 15(13) - No confidence motion
against
Pramukh
-
Amendment
on
04.10.2022 - Caveat of not receiving
notice of no confidence within period of
'one year' was changed by 'two years' -
Applicability
-
Prospective
or
retrospective - Held, general rule against
retrospective operation of statute does
not apply to amendments in procedural
provisions/statute - Action of the Collector
concerned
in
cancelling
the
motion
expressing want of confidence in the
Pramukh of Kshettra Panchayat received by
him, 'within two years' 'of the assumption of
office by the Pramukh' cannot be said to be
illegal. (Para 44 and 59)