SMT. MEENU YADAV v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYATI RAJ DEPTT. OF PANCHAYATI RAJ AND 6 OTHERS
WRIC/3615/2025 · 2025-04-23
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134507 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134507 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:22930 Court No. - 6 Case :- WRIT - C No. - 3615 of 2025 Petitioner :- Smt. Meenu Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Panchayati Raj Deptt. Of Panchayati Raj And 6 Others Counsel for Petitioner :- Anubhav Awasthi,Kanh Kumar Awasthi,Manoj Kumar Mishra,Piyush Tripathi,Rajeev Mishra Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard the counsel for the petitioner and the learned Standing Counsel.
2. The present petition has been filed challenging an order dated 07.04.2025 whereby the financial and the administrative powers of the petitioner were ceased in exercise of the power under section 95(1)(g) of the U.P. Panchayat Raj Act.
3. The submission of the counsel for the petitioner is that based upon some preliminary enquiry, a show cause notice was served to which, the petitioner had given a reply, however without considering the reply, the order impugned came to be passed.
4. The issue with regard to consideration of reply, is covered by the Full Bench Judgment of this Court in the case of the Vivekanand Yadav vs. State of U.P. & Anr.; 2010 SCC OnLine All 2702.
5. Following the said judgment, wherein it is recorded that it is incumbent that some reasons be formed after considering the reply submitted by the Gram Pradhan prior to passing of the said order. The impugned order does not satisfy the said test, as such on the limited ground, the order dated 07.04.2025 is quashed. The District Magistrate, Barabanki would be at liberty to pass a fresh order in accordance with law, however, it would be required to consider the defense as taken by the petitioner.
6. The District Magistrate shall also be entitled to take steps for final enquiry in terms of the Rule 6 of the U.P. Panchayat Raj ( Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997 by passing a fresh order.
7. The writ petition stands allowed in terms of the said order. Order Date :- 23.4.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench