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2025 DAILYLAW 131406 (ALL)

SMT. RAJESHWARI v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYAT RAJ,LKO. AND 4 OTHERS

WRIC/3144/2025 · 2025-04-07

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19231 Court No. - 6 Case :- WRIT - C No. - 3144 of 2025 Petitioner :- Smt. Rajeshwari Respondent :- State Of U.P. Thru. Prin. Secy. Panchayat Raj,Lko. And 4 Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. Perused the instructions produced by learned Standing Counsel, which are taken on record. 3. Present petition has been filed challenging an order dated 28.01.2025 whereby financial and administrative power of the petitioner has been seized in exercise of powers under Section 95(1)(g) of U.P. Panchayat Raj Act. 4. Submission of learned counsel for the petitioner is that the petitioner was an elected Gram Pradhan and in respect of certain complaints made, a show-cause notice was issued to the petitioner on 12.12.2024 indicating that with regard to construction of a funeral place, certain amounts were released and subsequently, on the basis of an inspection carried out as many as eight infirmities were found which included non- providing of the facilities of bathrooms; it was indicated that was not fixed, the office was incomplete, the cremation platform/Chabutra was not constructed, the wood store was not available, hand pump was not got installed and the gate was absent. It was also indicated that against the allotment of 1750 sq.m., the funeral place was constructed at 300 sq.m. It was also stated that based upon the preliminary inquiry report, without filling the MB, amounts were paid and thus, a prima-facie view was formed that the amount has been siphoned off. 5. The petitioner was called upon to give a reply. The petitioner gave a reply in which allegations were denied. 6. In the entire reply, there was no denial of the allegations with regard to non-filling of MB. The order impugned was passed seizing the financial and administrative powers mainly finding the reply to be improper as well as non-filling of MB. 7. Considering the fact that no reply was submitted to the allegations levelled in the show-cause notice, no error can be found with the order dated 28.01.2025. However, as in terms of the mandate of U.P. Panchayat Raj (Removal of Pradhans, Up- Pradhans and Members) Enquiry Rules, it is incumbent to hold the final enquiry within a period of six months, present petition is disposed off directing the respondents to hold and conclude the final enquiry within four months. 8. In case the enquiry is not concluded within four months, the petitioner would be entitled to approach this Court for revival of the powers. Order Date :- 7.4.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench