SUBHLESH Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record. Though counsel for the petitioner placed lengthy arguments, but ultimately he confined his argument whether in the facts and circumstances of the case the question of disqualification should have been referred to the Prescribed Authority under Section 6 -A of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act) which provides that 'if any question arises as to whether a person has become subject to any disqualification mentioned in Section 5 -A or in sub -section (1) of Section 6, the question shall be referred to the prescribed authority for his decision and his decision shall, subject to the result of any appeal as may be prescribed, be final', and on this ground learned counsel for the petitioner prayed for grant of interim order today itself.

(2.) LEARNED Addl. Chief Standing Counsel for the State vehemently opposed the grant of interim order on the ground that the petitioner stood disqualified in view of Section 5 -A(c) of the Act. He submits that once a person is disqualified of being elected a Gram Pradhan or continued to be a Pradhan, the question of referring the matter to the Prescribed Authority does not arise and in any case, the petitioner is improving his case. He submitted that in the present case, it is not disputed that the petitioner was holding the office of profit, when she was elected Gram Pradhan, this fact is also admitted to the petitioner and the question whether she was getting remuneration or not, does not help the petitioner. In support of his contention, learned Addl. C.S.C. referred paragraph -11 of the decision, reported in : 2006(5) SCC -266, which is being reproduced below: -

(3.) HAVING heard learned counsel for the parties and upon examining the record, it is directed that till next date of listing, execution of the impugned order dated 31.07.2013 (contained as annexure no. 1 to the writ petition) passed by District Magistrate, Haridwar, shall remain stayed.