NEELIMA SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) -In spite of a stop order, no counter-affidavit has been filed. The petitioner alleges that his financial power was ceased by the impugned order by 25.7.2007. Nearly 15 months have elapsed and no inquiry has been initiated or completed under Section 95 (1) (g) of the U. P. Panchayat Raj Act read with Rules of 1997.

(2.) A Pradhan is an elected functionary and has been given a constitutional status by virtue of Part IX of the Constitution of India, as inserted by the 73rd Amendment Act, 1992. Article 243G of the Constitution endows the Panchayat with such power and authority as may be necessary to function as institution of self Government. Various provisions of the U. P. Panchayat Raj Act would reveal that the Gram Pradhan is an integral constituent of the Gram Panchayat and has a pivotal role to play and exercises certain powers to discharge his constitutional functions. Such exercise of powers cannot be whittled by an executive order by an authority who functions on the whims and fancies of the State Government.

(3.) THE learned counsel for the petitioner submitted that no formal inquiry has been initiated after suspending the petitioner's financial and administrative power.