MOTI LAL Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard Sri R.N. Upadliaya, the learned Counsel for the appellant as well as the learned Standing Counsel appearing for the respondents.

(2.) By this special appeal, the appellant has challenged the judgment of learned Single Judge dated 19.12.2002 passed in Writ Petition No. 54394 of 2002 (Moti Lal v. District Magistrate, Lalitpur and Ors.) dismissing the writ petition.

(3.) Brief facts giving rise to this appeal are; the appellant is an elected Pradhan of Gram Panchayat Kalyanapura, Block Virdha, Tahsil and District Lalitpur. Up- Pradhan made a complaint against the appellant. On the complaint a preliminary enquiry was directed. The complaint was signed by several other villagers along with Mangal Singh, Up-Pradhan. An affidavit was also filed by Mangal Singh sworn by Oath Commissioner, Land Conservation Officer and Project Officer conducted preliminary enquiry and submitted preliminary enquiry report dated 13.10.2002. A show cause notice was issued to the appellant by the District Magistrate dated 25.10.2002. The appellant submitted a reply to the show cause notice. The District Magistrate passed two orders on 27.11.2002 filed as Annexures-6 and 7 to the affidavit filed in support of the stay application. By first order dated 27.11.2002, the reply/explanation of the appellant was rejected and by second order passed on the same day the financial and administrative powers of the appellant were ceased and three members committee was constituted.