LALJI Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) Petitioner, who is Pradhan of a Gaon Sabha, was suspended by order dated 19-8-1993 by the Prescribed Authority under Sec. 95 (1) (gg) of U.P. Panchayat Raj Act (hereinafter referred to as the Act) pending proceedings under Sec. 95 (1) (g) of the Act against him. Against this order the petitioner held a revision before the Commissioner, Allahabad Division, Allahabad and in the revision he also moved an application for interim relief. The application for interim relief was rejected by the Commissioner by order dated 7-9-1993. Petitioner thereafter filed Writ Petition No. 37737 of 1993 before this Court for the following reliefs :

(2.) Instead of getting his revision decided by the Commissioner, petitioner filed the present writ petition before this Court for quashing the entire proceedings of the case pending before the Prescribed Authority as well as the order dated 21-4-1993, alleged to have been passed by the District Magistrate, Allahabad. Along with the writ petition, petitioner has also moved on application for interim relief praying for stay of the operation of the order of suspension dated 19-8-1993, passed by the Prescribed Authority Prayers made in the present writ petition are reproduced below:

(3.) Respondent No. 3 has filed counter-affidavit. I have heard learned counsel for the petitioner, learned counsel for respondent No. 3 and the learned Standing Counsel.