DHANI RAM Vs. ZILA ADHIKARI JHANSI

JUDGEMENT

(1.) On account of suspension of the Pradhan with regard to financial and administrative powers, the District Magistrate by an order dated 13.7.1998 has constituted a committee for running financial and administrative powers. The petitioner who claims to be the Up-Pradhan, alleges that he has not been included in the said committee though under Section 12J, of the U. P. Panchayat Raj Act, 1947. in such circumstances, he is entitled to function in the absence of Pradhan.

(2.) Mr. R. K. Srivastava, learned counsel for the petitioner contends that, therefore, the order dated 13.7.1998 should be quashed and the petitioner should be directed to carry on administrative and financial powers.

(3.) Mr. V. K. Rai, learned counsel for the respondent, on the other hand, contends that provision of Section 12J could not be applicable when Pradhan is suspended in exercise of the powers conferred under Section 95 (g) of the Act by reason of the proviso appended thereto.