SHIV RAJ SINGH PAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT petition is filed assailing the show cause notice dated 16.04.2015, issued by the District Magistrate, Dehradun under Section 95 (1) (g) of U.P. Panchayat Raj Act, 1947 calling the explanation from the petitioner within 15 days, failing which appropriate action shall be taken against the petitioner under Section 95 (1) (g) of the Act.

(2.) MR . Pankaj Purohit, learned counsel appearing for the petitioner and Mr. R.C. Arya, learned Standing Counsel appearing for the respondents, submitted that since only question of law is involved in the present petition, therefore, same may be disposed of at the admission stage itself. Further contended that since, respondent no. 5 is a proforma respondent, on whose complaint notice was issued by the District Magistrate, therefore, he need not be served.

(3.) UNDISPUTEDLY , the petitioner was elected as Pradhan of Gram Sabha, Kotarha Santaur, Block Sahaspur, District Dehradun; term of the elected Gram Sabha came to a end in the year 2013 and on the expiry of the term of the Gram Sabha, the petitioner demitted the Office of Gram Pradhan on 30.09.2013; after 01.10.2013, petitioner is not a Gram Pradhan and now Mr. Ravindra Singh is the elected Gram Pradhan. Section 95 (1) (g) reads as under: -