SHASHI PRABHA SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Varma, J. Heard learned counsel for the petitioner as well as additional chief standing counsel for the opposite parties. With the consent of the parties, the writ petition is being finally disposed of at the admission stage.

(2.) UNDER challenge in the instant writ petition is order dated 16th July, 2007 whereby the administrative as. well as financial powers of the petitioner who is Pradhan of the concerned Gram Panchayat has been withdrawn and three member committee has been constituted.

(3.) THE provisions of Section 95 (1) (g) of the Act as well as the Government order referred to hereinabove both contemplate that it is only the District Magistrate who can exercise powers with regard to withdrawing of the administrative as well as financial powers of a Pradhan and thereafter appoint three member committee. THE District Magistrate having not passed the said order, as also admitted by learned standing counsel, the impugned order cannot be allowed to be sustained.