BASANT LAL Vs. DISTRICT PANCYAYAT RAJ OFFICER

JUDGEMENT

(1.) In both these writ petitions common questions of law and fact are Involved. They were, therefore, heard together and are being disposed of by this common judgment.

(2.) By means of W.P. No. 538 (MS) of 1998 filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 23.2.1998 whereby petitioner, who was holding the office of Pradhan of village Eksana alias Karkashan, district Rae Bareli, was informed that he has been removed from the aforesaid office and was directed to hand over charge of the said office to Up Pradhan of the village within 3 days of the receipt of the said order. Prayer for a writ, order or direction in the nature of mandamus commanding respondents not to compel the petitioner to hand over charge of the office of the Pradhan to Up Pradhan, has also been made.

(3.) The relevant facts of the case giving rise to the present petition, are that a notice dated 22.11.1997 was Issued by District Panchayat Raj Officer, Rae Bareli fixing 17.12.1997 for holding meeting of Gram Panchayat to consider motion of no-confidence against the petitioner. Challenging the validity of said notice petitioner filed W.P. No. 3015 (MS) of 1997. As at the relevant time, number of similar petitions were pending In this Court, the said writ petition was directed to be connected and listed with leading W.P. No. 2171 (MS) of 1996. Operation of order/ notice dated 22.11.1997 was also stayed by this Court vide order dated 8.12.1997. In the said writ petition, an application was moved by the contesting respondents for vacation of the Interim order but the said application was rejected on 12.12.1997 and the interim order was hot vacated. On the basis of the interim order granted by this Court on 8.12.1997, the meeting of Gram Panchayat which was scheduled to be held on 17.12.1997, could not be held. Writ Petition No. 2171 (MS) of 1996 along with other connected petitions were dismissed by this Court and the interim orders granted in the same were also vacated by Judgment and order dated 12.12.1997. However. Writ Petition No. 3015 (MS) of 1997 was not one of the petitions dismissed by the said order. Consequently, the interim order granted in the said petition remained operative. The District Panchayat Raj Officer, however, under the impression that the writ petition filed by the petitioner was also dismissed and interim order was vacated. Issued a fresh notice on 3.1.1998 fixing 21.1.1998 for holding the meeting to consider the motion of no confidence against the petitioner.