NANHEY Vs. STATE OF UP

JUDGEMENT

(1.) Present writ petition has been filed by the Petitioner questioning the validity of the action taken by the District Magistrate, Rampur, Respondent No. 2 proceeding to pass order directing removal of the Petitioner from the office of the Pradhan in exercise of authority of external control, vested Under Section 95(1)(g) of U.P. Panchayat Raj Act, 1947.

(2.) Brief background of the case is that Petitioner claims that he is permanent resident of village Dadhiyal, Mustakham, Tehsil Swar, District Rampur. Petitioner claims that his original name is Gulam Hussain alias Nanhey son of Shahabuddin alias Lalla and he became famous with his alias name Nanhey son of Lalla. Petitioner submits that on 23.4.2005 Petitioner filed an application before the Sub-Divisional Officer for entering his name as Nanhey son of Lalla in place of Gulam Hussain son of Shahabuddin in the voter list as well as in revenue record of his agricultural land. Petitioner submits that said prayer made, was accepted. Petitioner has stated that he contested the election of Pradhan with the name of Nanhey son of Lalla and won the said election. Petitioner stated that on account of party politics and on account of having proximity with different political boss namely Sri Azam Khan, first information report had been lodged against him being Case Crime No. 588 of 2006, under Sections 420, 467, 468 and 471 I.P.C. on account of the fact that Petitioner has changed his name. In the said criminal case, charge-sheet had been filed. Thereafter, Petitioner had filed Criminal Misc. Application Under Section 482, Criminal Procedure Code being Criminal Misc. Application No. 12661 of 2008 wherein this Court has stayed the further proceeding therein. Petitioner submits that Nawab Kazim Ali Khan on account of political rivalry written a letter to District Magistrate, Rampur on 30.8.2008 mentioning therein that he is sending Mr. Mohd. Farook in relation to the fact that Petitioner has contested election by changing his name and further against the Petitioner various criminal cases has been mentioned and as such action be taken against the Petitioner in accordance with law. Petitioner submits that thereafter Civil Misc. Writ Petition No. 37951 of 2008 had been filed before this Court and this Court therein as inquiry was not being concluded, proceeded to pass order directing the District Magistrate, Rampur to conclude the inquiry into the matter after affording opportunity of hearing to Pradhan of the village. As the said order was not being complied with within the time frame provided for, in this background Civil Misc. Contempt Petition No. 37337 of 2008 had been filed and this Court on 24.10.2008 afforded one more opportunity to District Magistrate to comply with the order passed by this Court within period of three weeks from the date of production of certified copy of this order. Thereafter, District Magistrate on 31.10.2008 issued show cause notice to the Petitioner mentioning therein that Petitioner had contested the election with changed name and further Petitioner has been made an accused in criminal cases, which are still pending, as such as to why action Under Section 95(1)(g)(ii) of U.P. Panchayat Raj Act, 1947 be not undertaken. Petitioner after receiving the said show cause notice, submitted his reply on 10.11.2008. After the said reply was submitted, District Panchayat Raj Officer on 28.11.2008 apprised the Petitioner to submit reply alongwith necessary details, as requisite particulars were lacking and missing. Petitioner submitted his reply and thereafter, District Panchayat Raj Officer made recommendations on 30.12.2008 and 5.12.2008 and said recommendation being made, District Magistrate on 5.1.2009 proceeded to pass order of removal. At this juncture present writ petition has been filed.

(3.) Counter affidavit has been filed on behalf of the State Government, short counter-affidavit has been filed on behalf of the complainant in question Mohd. Farook Azad.