VEER SINGH Vs. STATE OF UTTARANCHAL AND OTHERS

JUDGEMENT

(1.) THE grievance raised in this writ peti­tion relates to the withdrawal of admin­istrative and financial power of the Gaon Pradhan. The office of the Gram Pradhan is an elected office under the U.P Panchayat Raj Act, 1947 and U.P Panchayat Raj (Removal of Pradhans, Up-Pradhans, Members) Enquiry Rules, 1997.

(2.) THE petitioner was the elected Pradhan of village Shahpur in accord­ance with the provisions of U.P. Panchayat Raj Act and rules framed thereunder. A complaint was received against the petitioner by the State Gov­ernment. The State Government in exer­cise of the powers contained under sec­tion 95 of the U.P Panchayat Raj Act, 1947 instituted an inquiry in the matter relating to Gaon Sabha of which the petitioner was Pradhan.

(3.) THE inquiry was to be conducted in accordance with the rules framed in exercise of powers conferred by section 110 read with clause (g) of sub-section (1) of section 95 of the U.P Panchayat Raj Act, 1947, known as Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-pradhans and Members) Enquiry Rules, 1997. Rule 4 of the said rules was amended by Notification No. 2263/ XXXIII-1-2001-565-2000,dt. 5.10.2001 w.e.f. 5.10.2001 and provides that State Government may on receipt of complaint or a report referred to in sub rule 3 or otherwise order the Enquiry Officer to conduct the inquiry. Rule 3 and Rule 4 are reproduced be­low.