By the Court.—This writ petition has been filed by Smt. Chinta Yadav, the elected Adhyaksha of Zila Panchayat, Gorakhpur, challenging the order passed by the State Government in purported exercise of powers under proviso to Section 29 of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 (hereinafter referred to as the Act), ceasing her administrative and financial powers.

2. Assailing the aforesaid order, Sri S.K. Kalia, learned Senior Advocate, assisted by Sri Manish Kumar and Sri Upendra Misra, Advocates, submitted that the impugned order suffers from manifest error and lack of jurisdiction and authority, besides having been passed in violation of principles of natural justice and also on non-existent facts, which even on plain reading, do not make any case for either continuing the formal enquiry or for ceasing the administrative and financial powers.

3. Elaborating the aforesaid argument the following points have been greatly stressed :

(1) The order dated 14.2.2008 has been passed without affording any opportunity to the petitioner, as such, it suffers from vice of violation of natural justice;

(2) The order cannot be said to have been passed with