MAHESH KUMAR Vs. DISTRICT MAGISTRATE, HARIDWAR AND ANOTHER

JUDGEMENT

(1.) Petitioner is an elected "Gram Pradhan" of Gram Panchayat, Village Gajiwali, District Haridwar. He is aggrieved by the order dated 04.09.2017 passed by respondent no. 1, by which the petitioner has been suspended from the post of "Gram Pradhan".

(2.) Learned counsel for the petitioner relies upon sub-section (4) of Section 138 of the Uttarakhand Panchayati Raj Act, 2016 (from hereinafter referred to as the "Act") and would argue that under sub-section (4) of Section 138 read with its proviso an elected "Gram Pradhan" cannot be suspended unless he has been given an opportunity of making his representation. Section 138 of the Act reads as under:-

(3.) Petitioner was elected as "Gram Pradhan" in the year 2016. Thereafter, there were certain complaints against him, on which a preliminary inquiry has been done. Subsequent to the preliminary inquiry, the petitioner was suspended from the post of "Gram Pradhan" by the District Magistrate vide order dated 04.09.2017. This order is presently being challenged by the petitioner before this Court by means of the present writ petition.