UMA SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Vineet Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

(2.) This writ petition has been filed by the petitioner with a prayer to quash the impugned order dtd. 21/9/2023 passed by the District Magistrate, Maharajganj and a further prayer to direct the respondents not to give effect to the impugned order referred to above.

(3.) Brief facts of the case are that the petitioner was elected Pradhan of Gram Panchayat Thuthibari, Block Nichlaul, District Maharajganj, whose tenure had come to an end in the year 2020. A complaint was filed by one Vijay Kumar Maddheshiya alleging commission of financial irregularities in undertaking various development works in the concerned Gram Panchayat. On the basis of the aforesaid complaint, a three member committee, comprising of Consulting Engineer, Vikaskhand-Nichlaul, Maharajganj, Bhoomi Sanrakshan Adhikari, Maharajganj and Sub- Divisional Magistrate, Maharajganj, was constituted to inquire into the matter, which submitted its report on 2/9/2023. On the basis of which, the impugned order dtd. 21/9/2023 has been passed stating it to be a show cause notice vide which the petitioner has been directed to pay a sum of Rs.1,21,777.00 in the account of Gram Nidhi-First within a period of one week from the date of receipt of the notice failing which, the same has to be recovered as an arrear of land revenue. The petitioner was also called upon to submit her reply within a week in response to the allegations so levelled. Subsequently, the District Panchayat Raj Officer, Maharajganj has issued a reminder dtd. 17/10/2023 directing the petitioner to submit her reply within three days alongwith an evidence as to why the financial and administrative powers not be ceased by appointing a three members' committee in terms of Sec. 95(1)(g) of U.P. Panchayat Raj Act, 1947. Hence, the present writ petition has been filed.