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1998 Supreme(All) 986

S.R.SINGH
CHUNMUN – Appellant
Versus
DISTRICT MAGISTRATE, SONBHADRA – Respondent


Advocates Appeared:
Ran Vijay Singh, V.K.Jaiswal

S. R. SINGH, J.

( 1 ) IMPUGNED herein is the order dated 29-5-1998 passed by the District Magistrate, Sonbhadra in purported exercise of powers under the proviso to clause (g) of sub-section (1) of Section 95 of the U. P. Panchayat Raj Act (in short the Act) thereby appointing a three member committee of the concerned Gram Panchayat for exercising and performing financial and administrative powers and functions of the Pradhan of the Gram Panchayat. The impugned order is based on the finding that the petitioner was found guilty of committing irregularities in the matter of selection of eligible candidates for allotment of houses built under indira Awas and Nirbal Varg Awas scheme.

( 2 ) I have had heard Sri V. K. Jaiswal for the petitioner and Sri Ran Vijay Singh, learned Standing Counsel representing the opposite parties. The thrust of the submission made by Sri V. K. Jaiswal is that the petitioner has been deprived of his Financial and Administrative powers otherwise than in accordance with the postulates of the first proviso to Section 95 (1) (g) of the Act read with U. P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (in short the Enquiry Rules













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