VIVEKANAND YADAV Vs. STATE OF UP

JUDGEMENT

(1.) A pradhan of a gram panchayat can be removed for his misconduct under sub-section (1)(g) of Section 95 {Section 95(1 ) (g}of the UP Panchayat Raj Act, 1947 (the Panchayat Raj Act). He ceases to exercise and perform the financial and administrative powers and functions (in short, exercise the financial and administrative powers), the moment a show cause notice is issued against him satisfying the conditions of the proviso to Section 95(1)(g) of the Panchayat Raj Act. The main question involved in this reference revolves around, The right of a pradhan before an order ceasing his powers is passed and the meaning of the word 'otherwise' in Rule 5 of the UP Panchayat Raj (Removal of Pradhan and Up Pradhans and Members) Enquiry Rules, 1997 (the Enquiry Rules).

(2.) THE petitioners in these four writ petitions (WPs) are pradhans of different gram panchayats. THE show cause notices were issued to them and their right to exercise financial and administrative powers was ceased under proviso to Section 95(1)(g) of the Panchyat Raj Act. THEy have filed the writ petitions(WPs) against the same. THE WPs have been referred to the Larger Bench.

(3.) IN pursuance of the preliminary enquiry report, a notice was issued to the petitioner in the first WP on 2.6.2008 by the District Magistrate (DM) Mau. It was mentioned in the notice that in case no cause is shown or if it was found unsatisfactory then action under Panchayat Raj Act would be taken.