Court No. - 29
Case :- WRIT - C No. - 35496 of 2018 Petitioner :- Ram Pravesh Yadav Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Nilam Shukla,Surnedra Prasad Shukla Counsel for Respondent :- C.S.C.,Vashishtha Tiwari
Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.
Heard Sri Ravi Kant, Senior counsel assisted by Sri S.P. Shukla, learned counsel for the petitioner. Learned Standing counsel has appeared for the respondents and Sri Vashishtha Tiwari for respondent no. 4.
The petitioner is the Adhyaksha, Zila Panchyat, Deoria. He was involved in criminal cases and was arrested and sent to the Jail.
In view of the above, by the impugned order dated 5th June 2018 in exercise of powers under Section 21-A of the U.P. Kshettra Panchayat and Zila Panchayat Act, 1961, the Governor has been pleased to direct the District Magistrate to take charge of the Adhaksha, Zila Panchayat payment from him till further orders.
The petitioner in challenging the aforesaid order contends that the provisions of Section 21-A of the Act are not attracted in as much as he has been released on bail and is no longer unable to discharge the functions of the Adhyaksha.
A person who is facing serious criminal cases and has been arrested is not a person who can be entrusted with a public office and permitted to function as Adhaksha of a Zila Panchayat atleast during pendency of such cases.
In view of the above, we do not feel inclined to exercise our discretionary power in the matter.
The writ petition is dismissed.
Order Date :- 26.10.2018 SKS