Court No. - 37
Case :- WRIT - C No. - 25955 of 2020 Petitioner :- Mulayam Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jai Shanker Misra,Indra Deo Mishra Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Jai Shanker Misra, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Present writ petition has been filed for issuance of writ of mandamus commanding respondent no.2-District Magistrate, Sant Ravidas Nagar (Bhadohi) to initiate enquiry against Village Pradhan and Secretary of Gram Panchayat-Bheemsenpur, Block Suriyavan, District Sant Ravidas Nagar (Bhadohi) and take action against them as per the provisions of Uttar Pradesh Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Inquiry Rules, 1997 on the complaint dated 05.08.2020.
Petitioner claims to have made a complaint against the Pradhan and Secretary of Gram Panchayat-Bheemsenpur, Block Suriyavan, District Sant Ravidas Nagar (Bhadohi) for enquiry and physical verification of the development work of Gram Panchayat. Such complaint is alleged to be supported by affidavit. It has been sent to the District Magistrate on 05.08.2020. Grievance is that the District Magistrate has not even initiated preliminary enquiry.
Learned Standing Counsel states that the competent authority shall examine the grievance of petitioner, in accordance with law.
In the facts and circumstances, noticed above, this writ petition stands disposed of permitting the petitioner to approach the second respondent, alongwith a copy of this order, annexing his complaint and the affidavit. The concern respondent shall examine the complaint and shall proceed further, in accordance with law, keeping in view the provisions contained under Rule 4(1) of the Uttar Pradesh Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Inquiry Rules, 1997. An appropriate decision would be taken, within a period of six weeks, thereafter. In the event such enquiry is initiated, the same shall be got concluded, within a further period of three months after due notice to the elected Pradhan, in accordance with the Rules of 1997.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 6.1.2021/Noman