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2017 Supreme(UK) 298

K.M.JOSEPH, ALOK SINGH
Shahjahan Baigam – Appellant
Versus
District Magistrate Udham Singh Nagar – Respondent


Advocates Appeared:
For the Appellant :Mr. T.A. Khan, Senior Advocate assisted by Mr. Aditya Kumar Arya and Ms. Farida Siddiqui, Advocates
For the Respondents: Mr. C.S. Rawat, Additional Chief Standing Counsel

JUDGMENT :

K.M. JOSEPH, J.

1. The appellant is the writ petitioner.

2. The appellant was the Pradhan of a Village Panchayat. By the impugned decision, the financial powers of the appellant have been taken away. The judgment of the learned Single Judge reads as follows:

“Mr. Mr. Harshpal Sekhon, Advocate, present for the petitioner.

Mr. Yogesh Pandey, Additional CSC, present for the State/respondent Nos.1 to 5.

The petitioner is a “Gram Pradhan” of Village Missarwala, District Udham Singh Nagar. On her own complaint, an inquiry has been constituted and the matter is presently inquired by the District Panchayat Raj Officer. Consequently, till the completion of the inquiry, the financial and administrative powers of the petitioner have been taken away under the provisions of Section 138 1 (c) of the Uttarakhand Panchayatiraj Act, 2016.

Since there is a statutory provision, wherein during pendency of an inquiry, these powers have to be taken away, this Court finds no anomaly in the order dated 28.07.2017 passed by respondent No.1.

However, the writ petition stands disposed with the direction to the concerned District Panchayat Raj Officer to conduct the inquiry in the matter as expeditiously a















































































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