VEENU GANGAWAR Vs. STATE OF U P

JUDGEMENT

(1.) For any democracy to be successful, it has to be strengthened at the grass root level. An elected representative, whether it be at the lowest or highest level, should not be denuded of his powers, except for very valid and good reasons and in accordance with law. This writ petition requires us to examine such question.

(2.) On 18.3.2011 the petitioner was elected Pramukh of Kshetra Panchayat Nawabganj, District Bareilly. The respondent no.5, whose wife contested the election against the petitioner and had lost, lodged a complaint with the State Government on 1.11.2012 with regard to certain irregularities having been committed by the petitioner. On 21.12.2012, the petitioner was served with a notice intimating that a complaint had been filed by respondent no.5 against her on which the District Magistrate, Bareilly, vide his order dated 7.12.2012, appointed a 3-Member Enquiry Committee headed by the Additional District Magistrate. It was further intimated that on 24.12.2012 the Committee would inspect the office of the petitioner to make enquiry. In the writ petition it is stated that the petitioner remained in office for the entire day but no one came on the spot nor any information was given to the petitioner regarding any next date of enquiry. Then by a communication dated 4.1.2013, received by the petitioner on 8.1.2013, a show cause notice was given to the petitioner intimating that an enquiry was conducted on 27.12.2012 in which the charges against the petitioner have been found to be proved and the petitioner was required to give her reply by 10.1.2013 along with evidence, failing which the proceedings under the provisions of the U.P.Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961 (hereinafter referred to as the "Act of 1961") shall be initiated against her.

(3.) On receipt of the said notice, the petitioner filed an application on 10.1.2013 praying for time to submit her reply but instead the Enquiry Officer submitted an exparte report on 12.1.2013 and recommended for seizure of financial and administrative powers of the petitioner under the proviso to section 16 of the Act of 1961. The said exparte report was forwarded by the District Magistrate to the State Government on 15.1.2013. The State Government vide its order dated 6.3.2013 held that there was no proper enquiry held in the matter, as the same was without taking the version or explanation of the petitioner and directed that fresh report be submitted after getting the version/explanation of the petitioner.