SHAMIM Vs. STATE OF U.P. & ORS.

JUDGEMENT

(1.) A Division Bench of this Court in ( Shamim vs. State of U.P . through Secretary1) finding itself unable to accept the law laid down by the co-ordinate Bench in Smt. Sonia Versus State of U.P.2, referred for "authoritative pronouncement by a larger Bench", the following questions for determination:- "(i) As to whether the District Magistrate at the point of time when he proceeds to cease the administrative and financial authority of the Pradhan, he acts as a Tribunal or acts as an administrative authority.

(2.) The issue which falls for determination turns upon the provision of Section 95 of U.P. Panchayat Raj Act, 19473. Clause (g) of sub-section (1) of Section 95 deals with removal of Pradhan of a Gram Panchayat and is in the following terms:- 95. Inspection - (1) The State Government may -

(3.) The main enactment is Section 95(1)(g), it provides for removal and not cessation of financial and administrative power, which is provided in its proviso. Two provisos qualify the main provision namely removal proceedings and not each other. These two proviso operate in different fields: