Neutral Citation No. - 2025:AHC-LKO:3921 Court No. - 7 Case :- WRIT - C No. - 10451 of 2024 Petitioner :- Amar Jeet Singh Respondent :- State Of U.P. Thru. Prin. Secy. Panchayati Raj,Lko. And 6 Others Counsel for Petitioner :- Sharad Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard Sri Sharad Dwivedi, learned Counsel for the petitioner as well as learned Standing Counsel and Sri Nripendra Mishra, who has filed Vakalatnama on behalf of opposite party no.7. The Vakalatnama is taken on record. 2. The present petition has been filed by the petitioner alleging that after creation of a separate area under Section 11-F of the U.P. Panchayat Raj Act, seven persons, who were elected, had incurred disqualification by virtue of statutory provisions contained in Section 6 of the U.P. Panchayat Raj Act. It is stated that the issue of disqualification incurred by virtue of Section 6 has to be decided by the Prescribed Authority under Section 6-A of the U.P. Panchayat Raj Act. 3. The Counsel for the petitioner argues that the prescribed authority for taking a decision under Section 6-A of the Panchayat Raj Act is the Tehsildar, and despite the petitioner moving an application, no decision has been taken by the Tehsildar, which is required to be done under Section 6-A of the Panchayat Raj Act. 4. Learned Standing Counsel based upon instructions states that the Tehsildar has prepared a report and has forwarded the same to the District Magistrate and the said report is pending before the District Magistrate. 5. Considering the mandate of Section 6-A, it is clear that the decision is to be taken by the Prescribed Authority and he cannot avoid his statutory liability by referring the report to anyone, in view of thereof, the present writ petition is disposed off directing the Tehsildar, respondent no.6 to pass reasoned order, in accordance with law, on the application filed by the petitioner in terms of the mandate of Section 6 and Section 6-A of the U.P. Panchayat Raj Act positively within a period of six weeks from the date of production of a certified copy of this order. 7. While passing the said order, the Tehsildar would be at liberty to hear the persons who are said to have incurred disqualification. 8. Learned Standing Counsel shall communicate this order to the Tehsildar concerned for compliance. Any violation of the direction would incur the proceedings for contempt. Order date:21.1.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench