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2025 DAILYLAW 98047 (ALL)

DR. KRISHNA MOHAN SHUKLA v. STATE OF U.P. AND 2 OTHERS

WRIC/32918/2025 · 2025-09-17

Prakash Padia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32918 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. The petitioner who is complainant made a complaint, supported by affidavit, addressed to the respondent No.2/District Magistrate, Bhadohi against the sitting Pradhan on 28.07.2025 The grievance raised in the present petition is that no action has been taken by the District Magistrate on the said complaint filed by the petitioner. 2. Learned Standing Counsel appearing for the respondents states that the said complaint can be considered only if it is in accordance with the procedure prescribed under Rule 3 of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to as the 'Rules'). Rule 3 of the Rules which deals with the procedure relating to complaints is as follows:- "3. Procedure relating to complaints.- (1) Any person making a complaint against a Pradhan or Up-Pradhan may send his complaint to the State Government or any officer empowered in this behalf by the State Government. (2) Every complaint referred to in sub-rule (1) shall be accompanied by the complainant's own affidavits in support thereof and also affidavits of all persons from whom he claims to have received information of facts relating to the accusation, verified before a notary, together with all documents in his possession or power pertaining to the accusation." (3) Every complaint and affidavit under this rule as well as any schedule or annexure thereto shall be verified in the manner laid down in the Code of Civil Procedure, 1908, for the verification of pleadings and affidavits, respectively. Versus Counsel for Petitioner(s) : Surya Pratap Singh Parmar Counsel for Respondent(s) : C.S.C. Dr. Krishna Mohan Shukla .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) (4) Not less than three copies of complaint as well as each of its annexures shall be submitted by the complainant. (5) A complaint which does not comply with any of the foregoing provisions of this rules shall not be entertained. (6) It shall not be necessary to follow the procedure laid down in the foregoing provisions of this rule, if a complaint against a Pradhan or Up-Pradhan is made by a public servant." 3. It is for the District Magistrate to examine whether the complaint filed by the petitioners is in accordance with the procedure provided for under the Rules. 4. The writ petition is, accordingly, disposed of with the direction to the District Magistrate, Bhadohi to examine the complaint filed by the petitioner and in the event the complaint is found to be in accordance with the Rules, the District Magistrate shall pass an appropriate order expeditiously, preferably within a period of three months from the date a certified copy of this order is produced by the petitioner before him. 5. It is made clear that this Court has not adjudicated upon the merits of the case, which shall be considered by the District Magistrate in accordance with law. (Prakash Padia,J.) September 18, 2025 Arti WRIC No. 32918 of 2025 2 Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad