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2013 Supreme(All) 1907

TARUN AGARWALA
SHER ALI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
H.N. Singh and Manoj Kumar Singh for the Petitioner; C.S.C. and S.M.A. Abdy for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—The petitioner was elected as a Pradhan of the Gram Panchayat Vait, Block Shimbhawali, District Hapur in October, 2010. On 7th April, 2012, respondent Nos. 5 and 6 filed a complaint, which remained pending, and accordingly, the said respondents filed a writ petition No. 49571 of 2012, which was disposed of by an order dated 25th September, 2012 directing the District Magistrate to enquire into the complaint, if it was in accordance with Rule 3 of the U.P. Panchayat Raj (Removal of Pradhan and Up Pradhan and Members) Enquiry Rules, 1997 (hereinafter referred to as the Rules of 1997). Based on the direction of the Court, the District Magistrate initiated an enquiry by appointing an enquiry officer. A preliminary enquiry report was submitted on the basis of which, the District Magistrate passed an order dated 28th February, 2013 ceasing the financial and administrative powers of the petitioner and simultaneously appointing a three member committee to discharge the financial and administrative powers. The petitioner, being aggrieved by the said order, filed writ petition No. 13107 of 2013, which was allowed by an order dated 8th March, 2013. The impug









































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