Court No. - 23
Case :- WRIT - C No. - 28629 of 2018 Petitioner :- Banke Lal Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Suresh Dhar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard counsel for the parties.
The present writ petition has been filed praying for a writ of mandamus directing respondent no. 2 i.e. District Magistrate, Shahjahanpur to conduct an enquiry against respondent no.3 who is the elected Gram Pradhan of the village. It has been stated that in this regard, the petitioner has also submitted an application dated 23.09.2017 before the District Magistrate, Shahjahanpur regarding financial and administrative irregularities against respondent no.3 and the petitioner alleges that the present application has been filed under Rule 3 of the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to as, 'Rules, 1997'). It has been stated that no decision has yet been taken by the District Magistrate on the aforesaid application of the petitioner.
Without entering into merits of the case, the respondent no. 2 i.e. District Magistrate, Shahjahanpur is directed that in case any application dated 23.09.2017 as annexed by the petitioner in the writ petition has been filed before him, the same shall be decided in accordance with law expeditiously, preferably within a period of six months from today.
It is clarified that before taking any action on the aforesaid application of the petitioner, the concerned District Magistrate, shall also consider whether the said application fulfils the requirement of Rule 3 of the Rules, 1997.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 24.8.2018 IB