Research › Browse › Judgment

Allahabad High Court · body

1992 DIGILAW 279 (ALL)

Bhimsen Tyagi v. District Panchayat Raj Officer

1992-02-25

P.P.GUPTA

body1992
JUDGMENT : P.P. Gupta, J. This petition is directed against the order dated 26-12-1991 passed by the District Panchayat Raj Officer, Ghaziabad, Respondent No. 1, rejecting the notice dated 22-10-1991 for removal of Up-Pradhan. 2. Vedi Ram was elected as Up-Pradhan of the Gaon Sabha/Gram Panchayat in the election held in the year 1988. Out of 17 members of Gram Panchayat, 13 members sent a notice (Annexure 3' to the petition) to the Prescribed Authority praying for his removal. Respondent No. 1 by his order dated 26-12-1991 (Annexure 7' to the petition) directed the said notice to be consigned to the records in view of the provisions contained in Section 14 of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act') and Rule 33-Kha(i) of the Rules framed there under. 3. Feeling aggrieved from the aforesaid order, the Petitioners have come up before this Court. 4. In view of Section 11-C of the Act, the provisions of Section 14 are to be applied to the removal of Up-Pradhan as they apply to the removal of Pradhan with the substitution of references to Gaon Sabha and Pradhan by references to Gram Panchayat and Up-Pradhan respectively. As is clear from the aforesaid Annexure 3', 13 members out of 17 members of the Gram Panchayat allegedly served the notice on Respondent No. 1 of their intention to move a motion for removal of the Up-Pradhan. On the said notice Respondent No. 1 passed the impugned order (Annexure 7') declining to convene such a meeting and directing the said notice to be consigned. He has not assigned any reason for rejecting the said notice except that the notice not being in consonance with the provisions of Section 14 of the Act and Rule 33-Kha(1) framed there under is directed to be consigned. Such a non-reasoned order cannot be allowed to stand. It does not become clear from the order as to what considerations prevailed upon him in passing the impugned order. It cannot be scrutinised as to whether those considerations were reasonable or arbitrary and extraneous. Section 14 of the Act read with Section 11-C makes a provision for removal of Up-Pradhan, while elaborate procedure for removal is laid down under Rule 33-Kha(1) of the Rules. Without looking to those provisions Respondent No. 1 has arbitrarily held that the said notice is not in consonance of these provisions. Section 14 of the Act read with Section 11-C makes a provision for removal of Up-Pradhan, while elaborate procedure for removal is laid down under Rule 33-Kha(1) of the Rules. Without looking to those provisions Respondent No. 1 has arbitrarily held that the said notice is not in consonance of these provisions. In these circumstances, there is no option but to set aside the impugned order. 5. It may be pointed out here that Rule 33-Kha(1) lays down that written notice of the intention to move a motion for removal of the Pradhan/Up-Pradhan u/s 14 of the Act would be necessary. This notice has to be signed by not less than one-half of the total number of members of the Gaon Sabha or Gram Panchayat, as the case may be, and shall state the reasons for moving the motion and it shall be delivered in person by at least five members signing the notice to the Prescribed Authority. Sub-rule (2) of this Rule prescribes that the authority concerned shall convene a meeting of the Gaon Sabha u/s 14 of the Act on a data to be fixed, which shall not be later than 30 days from the date of the receipt of notice. It was, therefore, the duty of the Prescribed Authority to apply his mind to the notice and to decide by a reasoned order as to how it lacked in fulfilling the requirements, as laid down above. Merely saying that it was not in consonance of Section 14 of the Act and Rule 33-Kha(1) is not enough. Respondent No. 1, has, therefore, failed to discharge his duty under the law. 6. In view of the above, Respondent No. 1 is directed to consider the notice dated 22-10-1991 (Annexure 3') and pass a well reasoned order in accordance with law after giving an opportunity of hearing to the parties concerned within 15 days from the date a certified copy of this order is produced before him. With these directions, the petition is finally disposed of at the stage of admission. 7. Let a certified copy of this order be given to the Petitioner within 48 hours on payment of usual charges.