Gajala Chaudhary v. State of U. P. Thru. Prin. Secy. Panchayat Raj
2014-09-23
D.Y.CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA
body2014
DigiLaw.ai
JUDGMENT Devendra Kumar Upadhyaya, J. The petitioner is a member of the Zila Panchayat, Shravasti and has questioned the legality of a tender notice which was published on 31 August 2014 in pursuance of a meeting which was held on 20 August 2014. The case of the petitioner is that the earlier meeting on 16 August 2014 was adjourned but no fresh notice was served. From the records, it appears that a grievance is made before the Commissioner, Devi Patan Division, Gonda (the second respondent) in pursuance of which, by a communication dated 12 September 2014, he had while forwarding the complaint of the petitioner, requested that an inquiry in accordance with law may be conducted. 2. The learned Standing Counsel appearing for the respondents has informed the Court that on 18 September 2014, the Collector, Shravasti has issued directions for inquiry by the Additional Collector (Finance and Revenue) and pending the conclusion of the inquiry, issued an order of restraint, holding all proceedings of the tender notice in abeyance. 3. The Collector has evidently assumed jurisdiction under the provisions of Section 225 of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 under which the District Magistrate is empowered, by order in writing, to require the Zila Panchayat to furnish such statements, accounts, reports or copies of documents, relating to its proceedings or duties as he thinks it fit to call for. 4. Moreover, under Section 228, the prescribed authority is empowered to prohibit the execution or further execution of a resolution or order passed or made under the Act by a Zila Panchayat. The Collector has exercised his jurisdiction under Section 225 to conduct an inquiry and in the meantime, has exercised powers to hold the tender notice in abeyance in exercise of powers under Section 228. The Collector is also empowered under Section 228 to declare any resolution or order illegal or ultra vires. 5. Hence, at this stage of the matter when the Collector is already seized of the legality of the meeting conducted and the decision taken by the Zila Panchayat, it would not be appropriate for the Court to intervene. However, we direct that the pending inquiry may be completed expeditiously.
5. Hence, at this stage of the matter when the Collector is already seized of the legality of the meeting conducted and the decision taken by the Zila Panchayat, it would not be appropriate for the Court to intervene. However, we direct that the pending inquiry may be completed expeditiously. If the petitioner desires to place any material before the Additional Collector (Finance and Revenue) who is conducting the inquiry, she may do so within a period of one week from today unless, in the meantime, the inquiry has already been concluded. The petition is, accordingly, disposed of. There shall be no order as to costs.