The substantial compliance of the rules and absence of prejudice to the petitioner allowed the administrative action to stand.

1. Heard Shri R.N. Singh, Senior Advocate assisted by Shri Nipun Singh for the petitioner. Shri Shri Satish Chaturvedi, AAG assisted by Shri Neeraj Upadhyay, Addl. Chief Standing Counsel appears for the respondents.

2. The affidavits have been exchanged. With the consent of parties, we heard the matter.

3. This writ petition is directed against the order dated 17.7.2009 passed by the Principal Secretary, Panchayati Raj, Anubhag-2 appointing the District Magistrate, Muzaffar Nagar as enquiry officer under Rule 5 of the U.P. Kshetra Panchayat and Zila Panchayat (Removal of Pramukhs, Up Pramukhs, Chairman and Vice Chairman) Enquiry Rules, 1997. The State Government has by the same order in exercise of its powers under the proviso to Section 16 of the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam directed that until Smt. Anita Devi, Pramukh, Kshetra Panchayat, Shahpur, Muzaffarnagar- the petitioner is exonerated in the final enquiry, she will not exercise the financial and administrative powers attached to the post.

4. Briefly stated the facts giving rise to this writ petition are that the petitioner was elected as Pramukh Kshetra Panchayat, Shahpur, Muzaffarnagar on 27.2.2006, with 43 out of 81 votes in her favour. She is BAMS doctor and belongs to Rashtriya Lokdal Party and has supported the members of the Rashtriya Lokdal in the Lok Sabha and Vidhan Sabha elections. She was a member of Zila Panchayat, Muzaffar Nagar prior to her elections as Pramukh. It is stated by her that after Shri Yograj Singh was elected as Member of Legislative Assembly from Khatauli Constituency as a candidate of Bahujan Samaj Party and became the Minister of Krishi Shiksha & Anusandhan Vibhag, he started harassing the petitioner. In order to remove her, various complaints were arranged by him to be sent to the District Magistrate, Muzaffar Nagar by the members of Kshetra Panchayat. These complaints did not fulfill the mandatory conditions of filing of affidavits of all the persons from whom the complainants claims to have received information and were not verified before a notary. The complaints also did not enclose all the documents in their possession. Rule 3 of the U.P. Kshetra Panchayat and Zila Panchayat (Removal of Pramukhs, Up Pramukhs, Adhyaksh and Upadhyaksh) Enquiry Rules, 1997 (in short Enquiry Rules, 1997) provides that the complaints shall be verified in the manner laid down in the CPC, 1908 with three copies to be submitted by the complainant. A show cause notice was issued to the petitioner by the Adl. District Magistrate (Administration), Muzaffar Nagar to give reply to the allegations made against her by the complainants. She gave her reply on 17.5.2008. A detailed enquiry report was submitted by the Addl. District Magistrate (Admn.) to the District Magistrate on 25.7.2008 enclosing all the material collected by him.

5. Shri R.N. Singh submits that the District Magistrate or the Addl. District Magistrate did not have power to cause an enquiry in as much as Rule 4 of the Rules of 1997 provides that the complaints have to be addressed to the State Government and that preliminary enquiry can be directed only under the orders of the State Government. Sub Rule-2 provides the report to be submitted to the State Government within a fortnight. The petitioner, however, submitted a reply on 23.6.2008. The Addl. District Magistrate (Admn.), Muzaffar Nagar conducted the enquiry and submitted a report to the District Magistrate on 25.7.2008. In the meantime, some members of the Kshetra Panchayat initiated the proceedings for moving a no confidence motion against the petitioner on which the Addl. District Magistrate (Admn.), Muzaffar Nagar fixed 16.6.2008 for the meeting. The motion could not be carried out as the complainant failed to muster the requisite prescribed majority in support of the motion.

6. It is stated that after failing in their attempt to remove the petitioner by no confidence motion the same persons sent complaints ad