AFROZ JAHAN Vs. STATE OF U P

JUDGEMENT

(1.) Sri Yogendra Singh alias Bhura was elected as the Pramukh of the Kshetra Panchayat Dilari, District Moradabad. It transpires that a criminal case, being Case Crime No.142 of 2013 under Section 147, 148, 149 and 302 of the Indian Penal Code was instituted against this Pramukh who was, subsequently, arrested and sent to jail. At the present moment, the said Pramukh continues to languish in jail and has not been bailed out on account of which a temporary vacancy has occurred in the office of the Pramukh and necessary arrangement is required to be made by the District Magistrate under Section 9-A of the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961 (hereinafter referred to as the "Act").

(2.) The District Magistrate, in exercise of his powers under Section 9-A of the Act, issued an order dated 27.01.2014 appointing the petitioner, who an elected member of the kshetra panchayat, as an officiating Pramukh.

(3.) It transpires that some complaint was given by certain members against the petitioner and, based on this complaint, the District Magistrate passed a fresh order dated 30.09.2014 removing the petitioner from the post of officiating Pramukh and appointing the Sub-Divisional Magistrate as the officiating Pramukh. Subsequently, by another order dated 15.10.2014 the District Magistrate modified its order dated 30.09.2014 and appointed Smt. Sazida Begum-respondent no.4 as the officiating Pramukh. The petitioner, being aggrieved by the action of the District Magistrate in removing the petitioner and appointing respondent no.3 and thereafter, respondent no.4 as officiating Pramukh has filed the present writ petition.