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2000 DIGILAW 134 (ALL)

RAJA RAM SINGH v. DISTRICT MAGISTRATE, GORAKHPUR

2000-01-24

R.H.ZAIDI

body2000
R. H. ZAIDI, J. ( 1 ) BY means of this petition filed under Article 226 of the Constitution of India, petitioner challenges the validity of order dated 11. 1. 2000 whereby the financial administrative powers of the petitioner, who is holding office of Pradhan, have been ceased by the competent authority, i. e. . District Magistrate, Gorakhpur. ( 2 ) LEARNED counsel for the petitioner submitted that before passing of said order, the petitioner has not given an opportunity of hearing, therefore, the said order is illegal and is liable to be set aside. It is not disputed by the learned counsel for the petitioner that the petitioner was also holding the post of tube-well operator, but it was contended that he was a part-time tube-well operator, therefore, he does not come within the purview of clause A, Section 5 of the Act. It was urged that the petitioner not being a full-time tube-well operator was legally entitled to hold the office of Pradhan and his financial and administrative powers could not be ceased by the District magistrate. ( 3 ) I have considered the submissions made by the learned counsel for the petitioner and also gone through the material on the record. ( 4 ) THE charge against the petitioner was that he was holding the post of tube-well operator which is an office of profit under the State Government of U. P. , therefore, he was disqualified In terms of Section 5a (c) read with Section 6 of U. P. Panchayat Raj Act, 1947, for short the Act, to act as Pradhan and ceased to hold the said office. ( 5 ) SECTION 5a (c) and Section 6 of the Act provide as under : "5a. Disqualification of Membership.--A person shall be disqualified for being chosen as. and for being, the Pradhan or a Member of a Gram Panchayat, if he (c) holds any office of profit under a State Government or the Central Government or a local body, other than a Gram Panchayat or Nyaya Panchayat or a Board. Body or Corporation owned or controlled by a State Government or the Central Government ; ( 6 ) CESSATION of Membership.-- (1) A member of a Gram Panchayat shall cease to be such member if the entry relating to that member is deleted from the electoral roll for a territorial constituency of Gram Panchayat. Body or Corporation owned or controlled by a State Government or the Central Government ; ( 6 ) CESSATION of Membership.-- (1) A member of a Gram Panchayat shall cease to be such member if the entry relating to that member is deleted from the electoral roll for a territorial constituency of Gram Panchayat. (2) Where any person ceases to be a member of Gram Panchayat under sub-section (1) he shall also cease to hold any office to which he may have been elected, nominated or appointed by reason of his being a member thereof. " 6. Even the part-time tube-well operators are paid their salaries by the State Government, therefore. It cannot be said that the post of part-time tube well operator is not an office of profit under the State Government. The petitioner having Incurred disqualification for being chosen as and for being the Pradhan and a member of Gram Panchayat, and he in terms of sub-section (2)of Section 6 of Act also ceases to hold the office of Pradhan to which he was elected. The district Magistrate. Gorakhpur. was thus right to serve upon him a notice under Section 95 (1) (g) of the Act and simultaneously to cease his financial powers by the impugned order. ( 7 ) SUBMISSIONS made by the learned counsel for the petitioner to the contrary therefore, cannot be accepted. I do not find any Illegality or infirmity in the Impugned order passed by the District magistrate. The writ petition has got no merit, the same falls and is dismissed in limine. ( 8 ) A copy of the said order may be communicated to the District Magistrate. Gorakhpur, by the office. .