GYAN DEVI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri S.K. Kalia, Senior Advocate, assisted by Sri Upendra Nath Misra, learned counsel for the petitioner and the learned Additional Chief Standing Counsel for the respondents, who prays for and is granted four weeks' time to fie counter affidavit. Learned counsel for the petitioner submits that the petitioner was elected as the Chairperson of Zila Panchayat, Mahoba with the political support of Samajwadi Party and the District Magistrate, Mahoba in his report dated 11.04.2008 has mentioned that probably irregularities were made in the appointment and recommended for cancellation of the selection but by the impugned order dated 19.02.2009, opposite party no.1 has withdrawn the financial and administrative powers of the petitioner who is a duly elected Adhyaksh of the Zila Panchayat, Mahoba. In compliance of the order passed by this Court dated 13.5.2009, the learned Additional Chief Standing Counsel has produced the record before this Court. We have been informed by the learned Additional Chief Standing Counsel that the charge sheet has been sent to the Upper Mukhya Adhikari on 9.2.2009. The record reveals that complaints were made by Sri Khuman, Sri Duli Chand, Smt. Ram Pyari, Sri Mahendra Kumar Patkar, Smt.Sita Devi and Sri Kalloo the language and contents are similar and identical in all the complaints which are addressed to the Principal Secretary, Panchayati Raj Vibhag. All the complaints were made on 16.7.2007 except the complaint of Smt. Sita Devi which was made on 17.7.2007. On the basis of the aforesaid complaints, the District Magistrate, Mahoba, was directed to make an inquiry by the order dated 16.9.2007, who submitted the inquiry report on 11.04.2008 and recommended for cancellation of the selection but till date the selection has not been cancelled. The record also reveals that the decision for cancellation of the selection will be taken after the outcome of the inquiry by the Commissioner, Chitrakoot Dham Mandal, Banda. In view of the aforesaid facts, we stay the operation and enforcement of the impugned order dated 19.02.2009, a copy of which has been annexed as Annexure-1 to the writ petition, by which the financial and administrative powers of the petitioner has been withdrawn and the Committee has been appointed to look after the financial and administrative control of the Zila Panchayat, Mahoba. However, it will be open for the opposite parties to conclude the inquiry to its logical end.