NANHEY Vs. STATE OF UP

JUDGEMENT

(1.) The appellant contested the elections of Village Pradhan governed by the provisions of the U.P. Panchayat Raj Act, 1947 with the name of Nanhey son of Lalla and was declared elected in the elections held in the year 2005. He was continuing as the elected Pradhan and it appears that certain allegations were made against his continuance in office upon which a show- cause notice was issued to the appellant on 31st October, 2008 by the District Magistrate, Rampur calling upon him to submit a response. After receipt of the reply, the appellant has been removed on the ground that his continuance stands curtailed as he had become incapable of acting as Pradhan upon having been found that he was an accused and charged for an offence involving moral turpitude in which he was charge sheeted and is on bail. The removal order was challenged on several grounds and the writ petition has been dismissed by the learned Single Judge by order dated 3.7.2010 on the admitted fact that the appellant had been charge sheeted in two criminal cases involving charges of moral turpitude.

(2.) This appeal is against the aforesaid judgment of the learned Single Judge, contending that the entire enquiry as required under the U.P. Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Enquiry Rules, 1997, has not been conducted and, therefore, the same is vitiated.

(3.) Shri M.A. Qadeer, learned Senior Counsel for the appellant submits that the findings recorded by the learned Single Judge that the appellant stood disqualified from continuing on the post being accused and charged for an offence involving moral turpitude could not have been a ground for his removal as the said charge related to an alleged offence committed prior to his election as Gram Pradhan in the present term.