MEGHRAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner seeks to quash the order dated 7.4.2001 of Panchayat Raj Officer, Bulandshahr, respondent No. 2 whereby he has asked the petitioner to hand over charge of the office of Pradhan of Gram Panchayat, Hazratpur Samsapur, district Bulandshahr to Up-Pradhan.

(2.) Briefly stated, the facts are that the election for the office of Pradhan of Gram Panchayat, Hazratpur Samsapur, block and district Bulandshahr look place on 14.6.2000. The petition was declared elected and he was given certificate to this effect on 27.6.2000. He thereafter started functioning as Pradhan of the Gram Panchayat. Certain persons made complaint against the petitioner that he is working as Conductor under the employment of U. P. State Road Transport Corporation (in short the 'Corporation') and as such he is disqualified to hold the office of Pradhan. The matter was referred to the prescribed authority under Section 6A of U. P. Panchayat Raj Act, 1947 (in short the Act). The prescribed authority found that the petitioner is working as Conductor and is under the employment of Corporation and as such he is disqualified to function as Pradhan in view of the provisions of Section 5A (c) of the Act. He accordingly passed an order on 23.2.2001 directing the District Panchayat Raj Officer to ask the petitioner to hand over the charge of the office of the Pradhan to Up-Pradhan of the Gram Panchayat. The District Panchayat Raj Officer in pursuance of the direction of the Prescribed Authority, directed the petitioner to hand over the charge of the office of the Pradhan to Up-Pradhan by his order dated 7.4.2001. This order has been challenged in the present writ petition.

(3.) I have heard Sri M. C. Singh, learned counsel for the petitioner who submitted that the petitioner is not in a Government service and as such is not disqualified to hold the office of Pradhan of Gram Panchayat. In this respect, clause (c) of Section 5A of the Act may be examined which reads as under : (c) A person, who holds any office of profit under a State Government or the Central Government or a local authority, other than a Gram Panchayat or Nyaya Panchayat or a Board, Body or Corporation owned or Controlled by a State Government or the Central Government.