LAWS(ALL)-2008-7-139

PRABHA DIXIT Vs. STATE OF U P

Decided On July 16, 2008
PRABHA DIXIT Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) V. K. Shukla, J. Present writ petition has been filed by the peti tioner questioning the validity of the order dated 7. 4. 2008 passed by the District Magistrate, Mahoba, proceeding to place the petitioner under suspension in ex ercise of its authority under the First proviso of Section 95 (1 ) (g) of UP. Panchayat Raj Act, 1947 and constituting three members Committee to look after the admin istrative and financial matter of the Gram Panchayat.

(2.) PETITIONER contested the election of Pradhan of Gram Panchayat Purwa Jaitpur and was elected. PETITIONER claims to' have been performing and discharg ing duties as Pradhan as envisaged under law. Complaint was made that during the course of inspection it has been found that mid-day meal has not been pro vided in Primary School and in this regard inquiries were made by Sub-Divisional Magistrate, Kulpahar, District Mahoba on 27. 3. 2008 and thereafter matter was reported to District Magistrate, Mahoba and District Magistrate, Mahoba on 7. 4. 2008 has proceeded to pass order impugned ceasing financial and adminis trative power,

(3.) SUPPLEMENTARY affidavit has also filed stating therein that complaint cannot be treated to be preliminary inquiry report as such entire proceedings are vitiated.