LAWS(ALL)-2025-8-108

BRIJ MOHAN Vs. STATE OF U.P.

Decided On August 25, 2025
BRIJ MOHAN Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Apoorva Tewari, learned Amicus, Sri Anurag Shukla, learned counsel for the petitioner and Sri Manish Mishra, learned Standing Counsel appearing for the State of U.P.

(2.) A learned Single Judge of this Court vide his order dtd. 18/2/2025 passed in Writ-C no.905 of 2025 requested Hon'ble the Chief Justice of this Court to constitute a larger Bench to reconsider the judgment in the case of 'Vivekanand Yadav vs. State of U.P. & Anr.' reported in 2011 (29) LCD 221 in so far as it held that there was no necessity of supplying the preliminary inquiry report to the Gram Pradhan under Sec. 95(1)(g) of the U.P. Panchayat Raj Act, 1947 read with UP Panchayat Raj (Removal of Pradhan, Up-Pradhan, and Members) Enquiry Rules, 1997 (in short 'the Rules, 1997').

(3.) Chapter V Rule 6 of the Allahabad High Court Rules, 1952 framed under Article 225 of the Constitution of India contains provisions for reference. It reads as under:-