KRISHNA DEVI Vs. GOVERNMENT OF U P

JUDGEMENT

(1.) The petitioner, who is Gram Pradhan of concerned Gram Panchayat has challenged the order passed by the District Magistrate, Ghaziabad, dated 3rd July, 2003, Annexure '12' to the writ petition, which was communicated by Chief Development Officer vide its order dated 23rd July, 2003, Annexure-'IO' to the writ petition, whereby the District Magistrate restrained the petitioner from exercising financial and administrative powers.

(2.) Heard learned Counsel appearing on behalf of the parties.

(3.) The facts leading to the filing of present writ petition are that the petitioner, who was elected as Pradhan of concerned Gram Panchayat in July, 2000, was issued a show cause notice dated 24th April, 2002 by the District Magistrate, Ghaziabad under Section 95 (1)(g) of U.P. Panchayat Raj Act, 1947, as amended in the year 1994, whereby the petitioner was asked to show cause as to why the petitioner be not restrained from exercising financial and administrative power and committee be not appointed as contemplated under the aforesaid provision, The petitioner submitted reply to the aforesaid show cause notice, as alleged by the petitioner. Thereupon, the District Magistrate has passed an order dated 19th June, 2003, Anncxurc '6' to the writ petition, restraining the petitioner from exercising financial and administrative power as Pradhan of Gram Panchayat concerned. The petitioner has challenged the order dated 19th June, 2003 passed by the District Magistrate, Ghaziabad before this Court by means of Writ Petition No. 27788 of 2003. This Court vide its order dated 4th July, 2003 passed the following interim order, which reads thus : "Learned Standing Counsel may file a counter affidavit within one month. Learned Counsel for the caveator may also file counter affidavit in the same period. Rejoinder affidavit may be filed within two weeks thereafter. List thereafter. In the meantime, operation of the impugned order dated 19.6.2003 will remain stayed till further orders. Sd/- S. Harkauli, 4.7.2003."