CHANDRAWATI DEVI Vs. PHOOLCHAND BIND

JUDGEMENT

(1.) This special appeal has been filed against the impugned judgment passed by the learned single Judge dated 19.2.2003. We have heard learned counsel for the parties and have perused the record.

(2.) The respondent No. 1 in this appeal was elected as Pradhan of Gram Panchayat Gotwa, Vikas Khand Bhadurpur, Tahsil Phoolpur, district Allahabad. By an order dated 1.8.2002, he was removed from office on the ground that he is disqualified under Section 5A (c) of the U. P. Panchayat Raj Act.

(3.) Against that order Writ Petition No. 33767 of 2002 was filed in this Court and by its judgment dated 20.8.2002 this Court set aside the said order of on the ground that opportunity of hearing was not given. However, the District Magistrate, Allahabad, was directed to pass a fresh order after giving opportunity of hearing to the petitioner. By the impugned order dated 8.1.2003 the District Magistrate, Allahabad, again removed the petitioner on the ground that he was disqualified to hold the office of the Pradhan is view of Section 5A (c) of the Act as he was working as Assistant Workman with the Food Corporation of India and was drawing wages as a permanent workman.