The Allahabad High Court has stayed the orders of the District Magistrate Mainpuri to seize the financial and administrative powers of Gram Pradhan Sunita Devi.
A Single Bench of Justice Vikram D Chauhan passed this order while hearing a petition filed by Smt Suneeta Devi W/O Ramvir Singh.
It is submitted by the counsel for petitioner that the petitioner is Gram Pradhan and notice dated 17.3.2023 was issued to petitioner under Section 95(1) (g) of UP Panchayat Raj Act.
It is submitted by the counsel for petitioner that the petitioner has submitted his reply dated 20.4.2023 before the District Magistrate, Mainpuri, thereafter petitioner had filed Writ-C (Smt Suneeta Devi Vs State of UP and 2 others). On 29.8.2023, the aforesaid writ petition was disposed of.
It is further submitted by the counsel for petitioner that subsequently, by means of the order dated 30.10.2024, financial administrative powers of Gram Pradhan of petitioner has been seized by the District Magistrate, Mainpuri without considering reply of petitioner.
It is also submitted by the counsel for petitioner that the order dated 30.10.2024 does not refer to show cause notice dated 17.3.2023 and the reply submitted by the petitioner nor the order dated 29.8.2023 of the Court has been complied with.
It is submitted by the counsel for the petitioner that it was imperative on the part of respondent authority to have passed impugned order in the light of order dated 29.8.2023 of the Court.
The Standing Counsel could not dispute the fact that in the impugned order, there is no consideration of reply submitted by petitioner.
The order dated 29.8.2023 of the Court was very clear that reply dated 20.4.2023 submitted by petitioner be decided. It was necessary for the District Magistrate to have considered the reply of petitioner even otherwise it requires that the reply submitted by petitioner is also considered while passing order of seizing financial administrative powers, the Court observed,
Prima facie, the Court is of the view that the District Magistrate has violated the order dated 29.8.2023 passed by this Court.
“Let District Magistrate, Mainpuri to show cause as to why contempt proceedings be not initiated for non compliance of order dated 29.8.2023 of the Court. The District Magistrate, Mainpuri shall file a personal affidavit in this respect.
In view of the fact that order dated 29.8.2023 of the Court has not been complied with in the impugned order nor reply of petitioner has been considered, the effect and operation of impugned order dated 25.10.2024 and 30.10.2024 issued by respondent no 2 under Rule 5 of UP Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members), Enquiry Rules, 1997, shall remain stayed,” the order reads.
The Court has fixed the next hearing of the petition on 23.1.2025.
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