RAM SARAN SINGH Vs. DISTRICT PANCHAYAT RAJ OFFICER

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner.

(2.) This petition has been filed challenging order dated 20-2-93 by which District Panchayat Raj Officer, Fatehpur has directed that Respondent No. 3 should be given charge of the office of Pradhan.

(3.) Facts giving rise to this petition are that Respondent No. 3 is elected Up Pradhan and he was continuing in the office right from the date of his election. It appears that office of Pradhan fell vacant and Respondent No. 3 being Up Pradhan became entitled to function as Pradhan. However, an objection was raised that he is suffering from leprosy and thus, suffers from disqualification under Section 5A(f) of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to 'Act') and cannot be allowed to function as Pradhan. It also appears that Respondent No. 3 was required, to get himself medically examined by District Panchayat Raj Officer who subsequently, after perusal of report of Chief Medical Officer dated 5-11-92 passed the impugned order permitting Respondent No. 3 to discharge the function of Pradhan.