PAWAN KUMAR NAYAK Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri P.N. Singh, the learned counsel for the petitioner and Sri H.R. Misra, the learned senior counsel assisted by Sri H.K.Shukla, for the contesting respondent No.5 and the standing counsel for the remaining respondents.

(2.) THE petitioner is an elected Pradhan and, by the impugned order dated 13.9.2008, his financial powers has been ceased and, a committee of three members of the Gram Panchayat has been constituted comprising of three members of the Gram Panchayat to exercise the powers of the Pradhan under the first proviso to Section 95 (1)(g) of the U.P. Panchayat Raj Act. Since factual controversy is not involved, the present writ petition is being disposed of with the consent of the parties at the admission stage itself without calling for a counter affidavit.

(3.) UPON hearing the parties at some length, this Court finds that the impugned order has been passed in violation of the provisions of Rule 5 of the U.P. Panchayat Raj (Removal of Pradhans, Up- Pradhans and Members) Enquiry Rules, 1997.