CHINTA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by Smt. Chinta Yadav, the elected Adhyaksha of Zila Panchayat, Gorakhpur, challenging the order passed by the State Government in purported exercise of powers under proviso to Sec tion 29 of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 (hereinafter referred to as the Act), ceasing her administrative and financial powers.

(2.) ASSAILING the aforesaid order, Sri S. K. Kalia, learned Senior Advocate, assisted by Sri Manish Kumar and Sri Upendra Misra, Advocates, submitted that the impugned order suffers from manifest error and lack of jurisdiction and author ity, besides having been passed in violation of principles of natural justice and also on non-existent facts, which even on plain reading, do not make any case for either continuing the formal enquiry or for ceasing the administrative and financial powers.

(3.) IN response, Sri Mukund Tiwari, learned Additional Chief Standing Counsel for the State, has vehemently urged that none of the grounds asserted by the Counsel for the petitioner is tenable, the order having been passed by the State Government, on its satisfaction that on the basis of the report of the preliminary enquiry conducted by the District Magistrate, there is a case for holding formal enquiry and during the course of enquiry, the petitioner may not be allowed to exercise her powers, both, administrative and financial.