JUDGMENT :

1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Ms Chhaya Gupta and Sri Prabhakar Awasthi, learned counsel for the petitioner, Sri Awadhesh Kumar, learned counsel for the caveator-respondent and Sri Siddharth Singh, learned Additional Chief Standing Counsel for the respondents.

2. Challenge has been raised to the order dated 16.06.2022 passed by the District Magistrate, Mathura whereby the petitioner's financial and administrative powers have been seized under the proviso to Section-95(1)(g) of the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act').

3. First, it has been submitted, the preliminary enquiry was conducted by an ineligible officer. Though, the Act mandates such enquiry to be conducted by a district level officer, in the present case that enquiry was conducted by the Deputy Commissioner (Self Employment) Mathura. That officer is not a district level officer but an out sourced employee. Second, it has been submitted, none of the complaints made against the petitioner was such as may have warranted the extreme action of suspension of financial and administrative powers of the petitioner who is a duly elected Gram Pradhan of G