Point of Law: Non-speaking and ex-parte order - order of an administrative authority may not provide reasons like a judgment but order must be supported by reasons of rationality. Distinction between passing of an order by an administrative or quasi-judicial authority has practically extinguished and both are required to pass reasoned orders.

JUDGMENT :

PRAKASH PADIA, J.

1. Matter is taken up through video conferencing.

2. Heard Sri M.D. Singh "Shekhar" learned Senior Counsel assisted by Vaibhav Goswami, learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1, 2 & 3 and Sri S.N. Singh, learned Senior Counsel assited by Sri Surya Bhan Singh, learned counsel for respondent No.4 namely Malti Devi.

3. The petitioner has preferred the present petition under Article 226 of the Constitution of India inter-alia with the prayer to quash the order dated 11.5.2021 passed by respondent No.1 namely Up Zila Adhikari Naugarh District Chandauli, copy of which is appended as Annexure No.9 to the writ petition. A further prayer has also been made to issue a mandamus directing the aforesaid respondents not to interfere in the right of the petitioner to discharge the duties of Gaon Pradhan of Gram Panchayat Bajaradiha, Block and Tehsil Naugarh, District Chandauli.

4. Facts in brief as contained in the writ petition are that the petitioner is an elected Pradhan of Gram Panchayat Bajaradiha, Block and Tehsil Naugarh, District Chandauli. After the petitioner was elected as Pradhan of the aforesaid Gram Panchayat, a certificate in this regard was duly provided in his favour on 2.5.2021. Thereafter an election petition No.266 of 2021 under Section 12-C of the U.P. Gram Panchayat Act, 1947 read with U.P. Panchayat Raj (Settlemnt of Election Dispute) Rules 1994 filed by the respondent No.4. Along with the petition, an application for grant of interim relief was also filed. The aforesaid election petition was taken up by the respondent No.1 on 11.05.2021. The respondent No.1 passed interim order on the aforesaid application on 11.05.2021 ceasing the administrative and financial power of the petitioner as Pradhan. Aggrieved against the aforesaid order, the petitioner has preferred the present petition before this Court.

5. It is argued by Sri M.D. Singh "Shekhar" learned Senior Counsel that the order dated 11.05.2021 by which interim order was granted by the respondent no.1 ceasing the administrative and finalcial power of the petitioner as Pradhan was passed ex-parte and without providing any opportunity of hearing to the petitioner. It is further argued that the aforesaid order was passed in mechanical manner and completely behind the back of the petitioner. It is further argued that the order impugned has been passed by treating the allegations made in the election petition as universal truth and without hearing the petitioner about the correctness of the allegations.

6. On the other hand, it is argued by Sri S.N. Singh, learned Senior Counsel appearing on behalf of contesting respondents that after the order dated 11.05.2021 was passed, a recall application was filed by the petitioner before the respondent no.1. It is further argued that the aforesaid application has already been rejected by the respondent vide its order dated 25.6.2021.

7. When a pertinent quarry has been made by this Court from Sri S.N. Singh, learned Senior Counsel appearing for respondent no.4 whether any notice or opportunity of hearing was provided to the petitioner before passing the impugned order, it is argued that no notice or opportunity whatsoever has been given.

8. At this point of time, Sri S.N.Singh, learned Senior Counsel argued that the respondent No.4 has no objection, in case the petition is allowed by setting aside order dated 11.5.2021 and the respondent No.1 be directed to pass fresh order in accordance with law.

9. Heard learned counsel for the parties. With the consent of learned counsel for the parties, this petition is disposed of finally.

10. Cessation of financial and administrative powers of an elected Gram Pradhan is a matter of significance and is replete with serious consequences. The principles of natural justice, are required to be observed as a matter of first principle when a decision – administrative, quas-judicial or judicial – adversely affects the rights of the parties