A PIL petition alleging corruption against a Gram Pradhan regarding housing and toilet funds was disposed of by directing the petitioner to submit an application under the U.P. Panchayat Raj Enquiry Rules, 1997 instead.
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Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4603 of 2018
Petitioner :- Nathuram Rajpoot And 9 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Deepak Kumar Jaiswal,Santosh Kumar Shukla
Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Govind Mathur,Acting Chief Justice Hon'ble Chandra Dhari Singh,J.
This petition is preferred with the prayers as follows:-
"(i) issue, a writ, order or direction in the nature of Mandamus commanding the respondent no.2/District Magistrate, Auraiya to take action against the respondent no.5/Smt. Meera Devi, Gram Pradhan by taking decision on the complaint/application dated 16.2.2018 (Annexure1) and 02.04.2018 (Annexure-2) in respect of misappropriation/misuse of public money by allotting houses to illegible (Apatra) persons under Pradhanmantri Awas Yojna and releasing money for Toilets to illegible (Apatra) persons and for irregularities in development works.
(ii) issue, a writ, order or direction in the nature of Mandamus commanding the respondent nos.1 and 2 to ensure allotment of Awas under the Pradhanmantri Gramin Awas Yojna and Toilets to eligible persons of the Gram Panchayat-Etaha, Block-Bhagyanagar, District Auraiya and to ensure completion of development work according to prescribed standard for benefit of the Village people and in public interest.
(iii) issue, a writ, order or direction in the nature of Mandamus commanding the respondent no.4 to take action in Public Interest against the respondent no.5 (Gram Pradhan) under the U.P. Panchayat Raj Act by seizing her financial and administrative powers.
(iv) issue any other writ, order or direction which this Court may deem fit and proper in the facts and circumstances of the case."
From perusal of the facts stated in the petition for writ, it reveals that serious allegations of corruption are levelled against an elected Pradhan and other Officers of the Panchayat Raj institution. To consider such complaints a detailed procedure is given under the U.P. Panchayat Raj (Removal of Pradhans, UpPradhans and Members) Enquiry Rules, 1997.
The petitioner may submit an application in accordance with the provisions of the Rules of 1997 to the authority competent for redressal of his grievances and also to take appropriate penal action against the Pradhan and other members of the Panchayat Raj institution.
The instant petition for writ thus is disposed of by keeping the petitioner at liberty to submit an application to the authority competent in accordance with the provisions of the Rules of 1997. If any such application is preferred by the petitioner within a period of one month from today, then the same shall be considered in accordance with law by the authority competent and same shall be decided expeditiously as far as possible within a period of three months subsequent thereto.
With the directions as above, the writ petition stands disposed of.
Order Date :- 24.10.2018 Bhaskar
(Chandra Dhari Singh, J.) (Govind Mathur, A.C.J.)
Nathuram Rajpoot And 9 Others
State Of U.P. And 4 Others
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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