RAMVYAS VISHWAKARMA Vs. DISTRICT MAGISTRATE DISTRICT PANCHAYAT RAJ ADHIKARI AND SHIV DEVI WIFE OF RAMA

JUDGEMENT

(1.) Heard Sri A.K. Srivastava on behalf of the petitioner, Sri K.P. Srivastava on behalf of respondent Nos. 1 and 2.

(2.) Respondent No. 3, Shiv Devi, is admittedly the elected Pradhan of Gaon Sabha Jhamsheela, Block Myorpur, district Sonbhadra. The financial and administrative powers of respondent No. 3 were ceased under the order passed by the District Magistrate Sonbhadra dated 30.11.2002. Against the said order dated 30.11.2002 the Pradhan filed Writ Petition No. 54444 of 2002 (Smt. Shiv Devi v. District Magistrate, Sonbhadra and Ors.)

(3.) The Hon'ble High Court did not grant any interim order in the said writ petition. Subsequently the District Panchayat Raj Officer passed an order dated 31.03.2002 and dated 05.04.2003 whereby the Pradhan was required to deposit a sum of Rs. 39,708,00 said to be the loss caused to the Gram Panchayat due to the illegal acts of administrative powers of the Pradhan were restored. The order dated 23.12.2003 was challenged by the present petitioner by means of Writ Petition No. 162 of 2004. In the said writ petition an interim order was granted by the Hon'ble High Court dated 07.01.2004 whereby operation of the order dated 23.12.2003 was stayed. Writ Petition No. 162 of 2004 was decided by this Court by means of order dated 05.03.2004 with a direction upon the District Magistrate to take a final decision in the matter strictly in accordance with law. The District Magistrate has now passed the order dated 02.08.2004 whereby he has directed the Pradhan to deposit a sum of Rs. 19,854.00 and has further directed that from the date the money is so deposited her financial and administrative powers shall be restored. It is against this order of the District Magistrate that the petitioner, who claims to be the Up-Pradhan and one of the members of the three member committee constituted under Section 95 (1) (g) of the U.P. Panchayat Raj Act, during the period the power of Pradhan were ceased, has filed the present writ petition.