JUMMA BHARTI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this writ petition, following reliefs have been sought by the petitioner:-

(2.) In the year 2013, petitioner was elected as President of Nagar Panchayat Sultanpur, District Udham Singh Nagar for a term of five years. It appears that one Sri Haji Ali Husain (respondent No. 5) made a complaint that petitioner has committed financial irregularities, on which preliminary enquiry was held by Sub-Divisional Magistrate, Khatima, District Udham Singh Nagar. Thereafter, District Magistrate, Udham Singh Nagar submitted the preliminary enquiry report to the State Government on 30.09.2015. State Government subsequently issued show cause notice to the petitioner on 21.12015, which was duly replied by him on 07.01.2016. The State Government has now passed an order on 03.11.2017, whereby administrative and financial powers of the petitioner, as President of Nagar Panchayat, have been suspended till further orders. This order dated 03.11.2017 is under challenge in the writ petition.

(3.) The principal ground of challenge is that in the absence of any statutory provision to suspend administrative and financial powers of a President, an elected President cannot be restrained from exercising administrative and financial powers.