ORDER

In the year 1995 the respondent was elected as Zila Panchayat Adhyaksh in District Sultanpur, State of UP. Certain complaints were received against her wherein the State Government directed an inquiry to be made by the District Magistrate who in his turn got the preliminary inquiry conducted through Additional District Magistrate (Establishment), Sultanpur. Acting on the preliminary inquiry report and a supplementary report prepared by the Additional District Magistrate, the State Government instituted a formal inquiry and at the same time directed the respondent to be divested of financial and administrative powers exercised by her in the capacity of Zila Panchayat Adhyaksh.

2. Section 29 of Uttar Pradesh Kshetra Panchayat and Zila Panchayat Adhiniyam 1961 (U.P. Act No.32 of 1961), (hereinafter the Act , for short) and Rule 4 of Uttar Pradesh Kshetra Panchayat and Zila Panchayats (Removal of Pramukhs, Up-Pramukhs, Adhyakshas and Upadhyakshas) Enquiry Rules, 1977 (hereinafter Enquiry Rules , for short) framed in exercise of the powers conferred by Section 237 read with Sections 16 and 29 of the Act provide as under:

Act

Section 29. Removal of Adhyaksha or Upadhyaksha.-(1) If