Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1300 of 2019 Petitioner :- Manish Singh Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Shailendra Sharma Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
The petitioner has preferred this public interest litigation for the following reliefs:
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondents authority to restrain the misuse of public money of the Gram Panchayat and take appropriate action against the respondent no.6.
(ii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iii) To award the cost of the petition in favour of the petitioner."
The State Government has framed removal of U.P. Panchyat Raj (Removal of Pradhans, Up-Pradhans and Members) Rules, 1984, wherein the action can be taken against the Pradhan in amongst other ground, which has been raised in the present proceedings.
Accordingly, we decline to interfere in the matter, it is open to the petitioner to take recourse to such remedy, which is available under the law.
It is made clear that we have not decided the matter on the merits of the case, hence, dismissal of the public interest litigation would not cause any prejudice to the contention, if any, raised by the petitioner before the appropriate Court/Authority.
Order Date :- 31.5.2019 / A.N. Mishra