MATLOOB AHMAD Vs. SUB-DIVISIONAL OFFICER AND ANR.

JUDGEMENT

(1.) The Petitioner in the present writ petition was elected as Pradhan of village Bhanera, Pargana Kiratpur, Tehsil Najibabad, District Bijnor, in the last General Election of 1982. The Sub -Divisional Officer, Najibabad by his order dated 20 -8 -86 has suspended the Petitioner from the office of Pradhan during the tendency of the enquiry initiated against him Under Sec. 95 of the U.P. Panchayat Raj Act (hereinafter referred to as the Act). In the present writ petition it is this order of suspension dated 20 -8 -86 which has been challenged by the Petitioner.

(2.) At the very out -set the counsel appearing for the Petitioner was asked to address the Court on the question as to why the Court should exercise its extra -ordinary jurisdiction Under Article 226 of the Constitution of India when the Petitioner has got an alternative statutory remedy available by filing a revision before the Commissioner State Government.

(3.) Before noticing the arguments raised by the counsel on this preliminary question it will be useful to note the relevant legal provisions having bearing on this question. Sec. 95(1)(g) of the Act provides that the State Government may suspend a Pradhan against whom proceedings under Clause (g) are pending or contemplated or against whom prosecution for an offence, which in the opinion of the State Government involves moral turpitude, is pending. Sec. 96A of the Act provides that the State Government may delegate all or of any of its powers under this Act to any officer or authority subordinate to it subject to such conditions and restrictions as it may deem fit to impose.