Neutral Citation No. - 2025:AHC-LKO:28688 Court No. - 6 Case :- WRIT - C No. - 2231 of 2023 Petitioner :- Vimla Devi Respondent :- State Of U.P. Thru. Prin. Secy. Panchayat Raj Lko. And 8 Others Counsel for Petitioner :- Raghvendra P. Singh,Ajay Pratap Singh,Anu Pratap Singh,Ganesh Kumar Gupta,Neeraj Kumar Rai,Satyendra Prakash Singh,Shachindra Pratap Singh Counsel for Respondent :- C.S.C.,Rishabh Kapoor,Suresh Kumar Yadav Hon'ble Pankaj Bhatia,J. 1. Heard. 2. Present petition has been filed by the petitioner challenging the order of removal dated 25.02.2023 whereby the petitioner was removed as a Gram Pradhan in exercise of power under Section 95(1)(g) of U.P. Panchayat Raj Act. 3. Submission of learned counsel for the petitioner is that the initial enquiry on the basis of a complaint was made by Chief Development Officer and not by the District Magistrate, who is the person authorized by the State Government. He further argues that after the preliminary inquiry was done, an order was passed ceasing the financial and administrative power of the petitioner and subsequently, on the basis of a final inquiry, the impugned order of removal came to be passed. 4. Challenging the order of removal, learned counsel for the petitioner argue that Rule 6 of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 was not followed as no articles of charge was submitted by the enquiry officer and straightway a show-cause notice was issued by the District Magistrate, which, according to him, is not in compliance with Rule 6. He further argues that no opportunity of hearing was granted and a specific pleading to that effect has been made. 5. A stand has been taken by the State that no opportunity of hearing was granted as the petitioner never asked for it. The said contention of the State cannot be accepted as it is fairly well settled that even if a person does not ask for it, it is incumbent that the opportunity of hearing was granted. Admittedly, the same has not been granted. 6. Without going into the other question at this stage, order dated 25.02.2023 cannot be sustained and is set aside. 7. Matter is not being remanded for fresh enquiry insofar as it is the admitted position that a new Gram Pradhan has been elected after removal of the present petitioner and as such, in any case the petitioner cannot be restored to the post of Gram Pradhan. 8. Present petition stands partly allowed in above terms. Order Date :- 15.5.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench