1. The petitioner who was elected to the office of Adhyaksha (Chair person), Zila Panchayat, Allahabad in the elections held in November, 2000, has approached this Court with a prayer for quashing the impugned order dated 30th July, 2005 (Annex. 15) passed by the respondent State Government removing the petitioner from her office on the basis of alleged charges which the State Government contends to have been proved against the petitioner under the provisions of Section 29 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter called the 1961 Act') read with The Uttar Pradesh Kshettra Panchayats and Zila Panchayats (Removal of Pramukhs, Up-Pramukhs, Adhyakshas and Upadhyakshas) Enquiry Rules, 1997 (hereinafter called the 1997 Rules'). Haunted and hotly pursued by her rival political opponents, the petitioner contends that the impugned order is a result of political motivation and is a complete mala fide exercise of power in violation of the provisions of the 1961 Act and 1997 Rules, referred to hereinabove.

2. The petition was entertained and affidavits were invited on behalf of the respondents. An impleadment application was also moved by one Shri Ashok Kumar Dubey, Upadhyaksha, Zila Panchayat, Allahabad who claims to be officiating as Adhyaksha upon the removal of the petitioner. We have heard Shri R.N. Singh, learned Senior Counsel assisted by Shri A.K. Mishra for the petitioner, Shri S.M.A. Kazmi, learned Chief Standing Counsel for the respondent-State and Shri Shashi Nandan, learned Senior Counsel assisted by Shri R.S. Mishra for Shri Ashok Kumar Dubey, who has Bought impleadment in the present writ petition.

FACTUAL MATRIX:

3. The facts and circumstances giving rise to this case are that petitioner was elected as a Chairperson of Zila Panchayat, Allahabad in the election;; held in November, 2000. The tenure of the office is till November, 2005. One Smt. Uma Devi Yadav who had lost the election against the petitioner and belonged to the rival political party, submitted a complaint dated 27.9.2003 (Annex. 1) to the Hon'ble Chief Minister of Uttar Pradesh levelling large number of allegations against the petitioner, and requested for holding an inquiry against her on the said charges. The said complaint was processed and the District Magistrate, Allahabad was directed to hold a preliminary inquiry vide order dated 18.10.2003, The District Magistrate, Allahabad further appointed a Committee of four-officers working under him, to hold an inquiry against, the petitioner on the said charges with a direction to submit the report to him, vide order dated 9.12.2003 (Annex. 2) within a period of one week. A preliminary inquiry was conducted by the Committee consisting of the said four officers, and the report was submitted. The District Magistrate then sent the report on 19.3.2004 to the State Government, and the latter placing reliance upon the said preliminary inquiry report issued a show cause notice dated 16.4.2004 (Annex. 3) to the petitioner to furnish an explanation within a period of two weeks. As the petitioner was busy contesting the election for the Parliament seat from Phoolpur Constituency and had filed her nomination on 12.4.2004, she asked the -State Authorities to extend the time for furnishing the explanation vide letter dated 19.5.2004 (Annex. 4). She had been continuously writing to the District Magistrate, Allahabad for supplying her the documents as the record of her office had been taken away by the officers holding the preliminary inquiry, as is evident from the letter dated 28,5.2004 (Annex 5). One more complaint was filed by Shri Kazi Mojjam, a Member of the Zila Panchayat, Allahabad. It could not be processed as it was not in a proper form as required under the statutory rules but it appears that a copy of the said complaint was also sent to the Inquiry Officer. Subsequently, without sending any reply to the letters/notices written by the petitioner for extending t