HARPAL SINGH Vs. BOARD OF REVENUE AND OTHERS

JUDGEMENT

(1.) THIS petition Under Article 226 of the Constitution seeks to quash an order of the Board of Revenue.

(2.) THE Petitioner was elected as Pradhan of the Gaon Sabha. Ram Saran, Respondent No. 3, filed a complaint against him praying that he should be removed from the office. The Sub -Divisional Officer heard the complaint on merits and rejected it on 9 -8 -1963. The third Respondent went up in appeal. The appeal was dismissed on the ground that no appeal lay against an order passed Under Section 95 -G of the UP Panchayat Raj Act. He also held that Rule 115 -KK of the UP ZA and LR Rules having been deleted before the passing of the order by the Sub Divisional Officer no appeal would lie.

(3.) THE Board of Revenue has held that Rule 115KK was in existence when the complaint was instituted, it having been deleted from the statute book during the pendency of the complaint. The right of appeal is a vested right. Hence Sub -rule (3) of Rule 115KK was available and the appeal was maintainable.