HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33515 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondent-State, Sri Azad Rai, learned counsel for the respondent-Gaon Sabha and perused the record. 2. The petitioner is a complainant and he made a complaint against the sitting Pradhan of the village namely Mandvi Singh/respondent no.5 dated 23.10.2024 before the respondent no.2-Collector/District Magistrate, Prayagraj since no decision has been taken hence present writ petition. 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 Versus Counsel for Petitioner(s) : Manish Kumar Singh, Pavan Kishore Counsel for Respondent(s) : Azad Rai, C.S.C. Brijesh Kumar .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 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. (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 WRIC No. 33515 of 2025 2 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, Prayagraj 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. September 23, 2025 Pramod Tripathi WRIC No. 33515 of 2025 3 (Prakash Padia,J.) Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad