Court No. - 39
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3403 of 2018 Petitioner :- Amar Singh And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Komal Khare,Somesh Khare Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
The sole relief pressed by learned Counsel for the petitioners at the time of hearing of the petition is that the complaint filed by the petitioners against the Gram Pradhan of Village Ratgaha Charwa, District Kaushambi under Section 95 (1) g of the U. P, Panchayat Raj Act, 1947 and provisions of the Uttar Pradesh Panchayat Raj (Removal of Pradhan, Up-Pradhans and Members) Enquiry Rules, 1997 may be examined by the District Magistrate and an appropriate order be passed for initiation of the inquiry.
Learned Standing Counsel appearing for the respondent nos. 1 to 4 states that the District Magistrate shall examine the complaint and pass an appropriate order.
In view of the order that we propose to pass, it is not necessary to issue notice to respondents. The complaint against a Gram Pradhan has to be filed in accordance with Rule 3 of the aforesaid 1997 Rules. The petitioners have annexed as Annexure No. 1 to the writ petition a copy of the complaint with the affidavits. It is for the District Magistrate to examine whether the complaint is in accordance with the procedure prescribed under Rule 3 of the 1997 Rules and if it is in accordance with the procedure prescribed therein then he has to further see whether preliminary inquiry is required to be conducted as provided for under Rule 4 of the 1997 Rules.
The petition is, accordingly, disposed of with a direction to the District Magistrate Kaushambi to examine the complaint and pass an appropriate order for holding preliminary inquiry under Rule 4 of 1997 Rules expeditiously, preferably within a period of three months from the date of production of certified copy of this order.
It is made clear that the Court has not adjudicated upon the merits of the matter and it is for the District Magistrate to examine the same in accordance with law.
Order Date :- 26.4.2018 Sartaj (Dilip Gupta,J.) (Neeraj Tiwari,J.)