SAROJ KUMARI YADAV Vs. STATE OF U P

JUDGEMENT

(1.) We are seized of 4 separate but almost similar, abovenoted, writ petitions revolving around the scope and implications of Rules 3 and 4 of the Uttar Pradesh Kshelra Panchayats and Zila Panchayats (Removal of Pramukhs. Up-Pramukhs. Adhyaksha and Upadhyaksha) Enquiry Rules. 1997 (hereinafter referred to as the Enquiry Rules], framed under the U. P. Gram Panchayat and Zila Panchayat Adhinium. 1961 (U. P. Act No. XXXIII of 19611 (hereinafter referred to as the Act). Since they were argued together in a lot, therefore, we propose to dispose them off by the common instant judgment.

(2.) To have a brief glance in the factual matrix of these cases, in the context of Writ Petition No. 1896 of 1998 ; per her propagation the petitioner was elected as Adhyaksh of Sultanpur Zila Panchayat in May, 1995 : she belongs to a particular political party which was opposed to the programme and philosophy of the ruling party of the day, therefore, they started creating unwarranted hindrances in the discharge of her duties, so much so that on having failed in their bid to decimate her by way of an election petitioner they arranged a motion of no-confidence on 31.5.1997 which, too, failed for want of requisite quorum on 18.6.1997. During the 'meanwhile, inspired and joined by respondent No. 6, Shiv Kumar Singh they moved a frivolous complaint to the Chief Minister alleging administrative and financial irregularities on her part with regard to the management of the affairs of the Zila Panchayat. The complaint was neither properly verified nor supported by any valid affidavit as required under the Enquiry Rules. Another complaint was purported to have been sent to the Chief Minister of U. P. by one Parasnath which was never made available to the petitioner but she understood that it, too, lacked proper verification and material support by way of an affidavit. Both these complaints were pursued on political considerations in view of a D. O. dated 29th January. 1998 sent by the 5 M.L.As. belonging to the ruling group in the State Government.

(3.) It was pleaded that thus exploiting the political and administrative leverage, the respondents procured a cryptic, unsubstantiated and unauthorised inquiry report from the Additional District Magistrate, Sultanpur on whose basis the impugned orders dated 24.6.1998 contained in Annexure-2. Annexure-3 and Annexure-3A were passed divesting her of the administrative and financial control of the affairs of the Zila Panchayat which she was legitimately exercising by virtue of being its Adhyaksh.