RAMESHWAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS petition has been filed against the order of the Sub-Divisional Magistrate directing e removal of the petitioner from the office of the Pradhan of Gaon Sabha Shekhpur Tareha and against the appellate order passed by the District Magistrate dismissing his appeal.

(2.) THE petitioner was elected Pradhan of the Gaon Sabha and during that term of his office he had leased out certain plots. After the term expired, fresh election took place and he was again elected the Pradhan of the Gaon Sabha. During this term of office he was served with a charge sheet regarding the alleged abuse of his position as Pradhan during the earlier term of his office. THE petitioner did not show cause and the Sub-Divisional Magistrate holding the charge as proved directed his removal.

(3.) THE appellate order as well as the order directing the removal of the petitioner thus suffer from manifest error of law. THE petition is accordingly allowed with costs. Let a writ in the nature of certiorari issue to quash the impugned orders passed by respondents Nos. 3 and 4. Petition allowed.