SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(UK) 298

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
K.M. Joseph, Alok Singh, JJ.
Smt. Shahjahan Baigam – Appellant
Versus
District Magistrate Udham Singh Nagar and others – Respondents
Special Appeal No. 593 of 2017
Decided On : 18-09-2017

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

Headnote:

Judicial Review - Uttarakhand Panchayatiraj Act, 2016 - Section 138(1)(c) - [REMOVAL OF OFFICE BEARER OF TRI-CADRE PANCHAYAT FROM THEIR POSTS] - [138(1)(c)] - The court found that the English and Hindi versions of Section 138(1)(c) of the Uttarakhand Panchayatiraj Act, 2016 differed in language, leading to a conflict. The court held that the English translation would prevail in case of such a conflict, and thus, the requirement of the Government being satisfied was not necessary for exercising the power under Section 138(1)(c).

Fact of the Case:

The appellant, a Pradhan of a Village Panchayat, had their financial powers taken away pending an inquiry by the District Panchayat Raj Officer under Section 138(1)(c) of the Uttarakhand Panchayatiraj Act, 2016. The appellant challenged the decision, arguing that the English version of the provision did not require the satisfaction of the State Government, unlike the Hindi version.

Finding of the Court:

The court found that the English translation would prevail in case of a conflict between the English and Hindi versions of the law. Therefore, the requirement of the Government being satisfied was not necessary for exercising the power under Section 138(1)(c). The court also directed the completion of the inquiry within two months.

Issues: The main issue was the interpretation of Section 138(1)(c) of the Uttarakhand Panchayatiraj Act, 2016, and the conflict between the English and Hindi versions of the provision.

Ratio Decidendi: In case of a conflict between the English and Hindi versions of a law, the English translation would prevail. Therefore, the requirement of the Government being satisfied was not necessary for exercising the power under Section 138(1)(c) of the Uttarakhand Panchayatiraj Act, 2016.

Final Decision: The appeal was dismissed, and the court directed the completion of the inquiry within two months. The court also highlighted the need for accurate and faithful translations of laws, directing the Chief Secretary, State of Uttarakhand to address this issue.

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 as possible without any undue delay, in accordance with law.”

Feeling aggrieved, the appellant is before us.

3. We heard Mr. T.A. Khan, learned senior counsel assisted by Mr. Aditya Kumar Arya and Ms. Farida Siddiqui, learned counsel for the appellant and Mr. C.S. Rawat, Additional Chief Standing Counsel for the State of Uttarakhand/respondents.

4. Substantially, three submissions have been raised before us by Mr. T.A. Khan, learned senior counsel for the appellant. In the first place, learned senior counsel would submit that there is no satisfaction by the State Government in the matter of taking away the financial powers of the appellant. Such a requirement is warranted on a reading of Section 138(1)(c) of the Uttarakhand Panchayat Raj Act, 2016 (hereinafter referred to as the ‘Act’) runs the argument. However, in the English version of the said provision, there is no requirement of Government being satisfied. The translation made available to us, undoubtedly, reads as follows:

“138. Removal of the office Bearer of Tri-Cadre Panchayat from their posts:-”

(1) The State Government may remove a member of the Panchayats on any of the following grounds:-

(A). He had while holding the post of member of Village Panchayat, Area Panchayat or District Panchayat, tendered his vote or participated in the discussion in any commercial interest on behalf of any other person.

(B). He has become physically or mentally disabled to perform his duties as Member, Pradhan, Up Pradhan, Pramukh, Up Pramukh, Chairman or Vice Chairman.

(C). He had been found guilty for any misconduct in performing his duties during the performance of his duty as Member, Pradhan, Up Pradhan, Pramukh, Up Pramukh, Chairman, Vice Chairman, either in present tenure or in any preceeding tenure or he has violated any provision of this Act or has caused loss or damage to Panchayat fund or property and in the opinion of the State Government, due to this misconduct, violation or loss or working unauthorizedly by husband, family members or relatives of such female members, Pradhan, Up Pradhan, Pramukh, Up Pramukh, Chairman, Vice Chairman have become unfit for their post, in those circumstances they will be suspended till the final departmental enquiry and their works and responsibilities may be assigned to a committee of three elected members of that Panchayat. Furthermore, that the disciplinary enquiry may also be taken against the departmental employee/officer, found guilty in the enquiry.”

5. English version of Section 138(1)(c) reads as follows:

“138. Separation from their posts to the officers of the three tiers Panchayat

(1) The State Government may remove a member of the Panchayats on any of the following grounds:-

(c) that he has been guilty, whether in his present or an earlier term of office, of miscondu



































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top