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2025 DAILYLAW 79788 (ALL)

SMT. SHABNAM v. STATE OF U.P. AND 4 OTHERS

WRIC/25848/2025 · 2025-08-04

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131993 Court No. - 33 Case :- WRIT - C No. - 25848 of 2025 Petitioner :- Smt. Shabnam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Dubey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred present writ petition inter-alia with the prayer to quash the order dated 10.06.2025 issued by the District Panchayat Raj Adhikari, Saharanpur/respondent no.3 by which three members committee was constituted to enquire the matter against the sitting Pradhan/present petitioner. 2. It is argued by counsel for the petitioner that complaint was not made in accordance with the procedure prescribed under Sub-rule 5 of Rule-3 of the U.P. Panchayat Raj (Removal of Pradhan, Up- Pradhan and Members) Enquiry Rules, 1997, which reads as follows :- "(5) A complaint which does not comply with any of the foregoing provisions of this Rules shall not be entertained." 3. While going through the petition it transpires that the complaint in the matter was raised by the local MLA, who is public servant and as such Court is prima facie of the opinion that sub-Rule 5 of Rule 3 of Rules, 1997 will not apply in the present case and in fact sub-Rule 6 will apply. 4. In this view of the matter, complaint should not be accompanied by any affidavit since the same has been filed by a public servant. 5. At this stage, a prayer has been made by counsel for the petitioner to dismiss present writ petition as not pressed. 6. In this view of the matter, present writ petition is dismissed as not pressed. Order Date :- 5.8.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad