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Charan Singh Son Of Bisa Ram And ... vs State Of U.P. Through Secretary, ...

High Court Of Judicature at Allahabad|22 February, 2008

JUDGMENT / ORDER

JUDGMENT Rajes Kumar, J.
1. Heard Sri Rameshwar Nath, learned Counsel for the petitioner and learned Standing Counsel appearing on behalf of the respondent Nos. 1 to 4.
2. Learned Counsel for the petitioner submitted that the Members of Gram Panchayat have given a notice to Zila Panchayat Raj Adhikdari, Aligarh on 05.01.2008 for the removal of Gram pradhan under Rule 33-B of U.P. Panchayat Raj Rules, 1947 (hereinafter referred to as "Rules") He submitted that under Rule 33-B (2) of the Rules, District Panchayat Raj Adhikari is under obligation to convene a meeting of Gram Panchayat under Section 14 of the Act before the expiry of thirty days from the date of the receipt of the notice. He submitted that in the present case, the notice was given on 05.01.2008 and thirty days have expired on 04.02.2008 but the meeting has not been convened Learned Standing Counsel submitted that necessary direction be issued to District Panchayat Raj Adhikari, Aligarh to convene the meeting under Section 33-B (2) of the Rules.
3. Section 33-B (2) of the Rules read as follows:
33-B. Procedure for removal of Pradhan or Up-Pradhan.
(2) The District Panchayat Raj Officer shall convene a meeting of the Gram Panchayat, under Section 14 of the Act, on a date to be fixed by him which shall not be later than thirty days from the date of the receipt of the notice. The meeting so convened, shall be presided over by the District Panchayat Raj Officer or the person authorised by him in writing in this behalf. The Presiding Officer may take such clerical assistance for conducting the proceedings of the meeting for the consideration of the motion as he may deem necessary.
4. I find substance in the argument of learned Counsel for the petitioner. Rule 33-B (2) provides that District Panchayat Raj Officer shall convene the meeting of the Gram Panchayat under Section 14 of the Act, on a date to be fixed by him which shall not be later than thirty days from the dale of receipt of the notice. It appears from the photocopy of the notice, annexure-5 to the writ petition that there is acknowledgement dated 05.01.2008 of such notice by the office of Zila Panchayat Raj Adhikari, Aligarh. Thirty days has been expired but the meeting has not been convened by Zila Panchayat Raj Adhikari, Aligarh under Section 33-B (2) of the Rules.
5. In this view of the matter, 7ila Panchayat Raj Adhikari, Aligarh is directed to convene the meeting within two weeks from the date of presentation of the certified copy of the order and thereafter, shall proceed in accordance to the law. With the aforesaid observation, writ petition stand disposed of.
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Title

Charan Singh Son Of Bisa Ram And ... vs State Of U.P. Through Secretary, ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
22 February, 2008
Judges
  • R Kumar