Petitioner challenged inactivation by District Magistrate regarding a complaint against Gram Pradhan. Court directed DM to examine complaint under Rule 3 and proceed if compliant.
Direction to District Magistrate to examine the complaint and proceed if compliant with Rules.
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Court No. - 39
Case :- WRIT - C No. - 11763 of 2018
Petitioner :- Barasatu Yadav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Nayab Ahmad Khan Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
The petitioner has made a complaint against respondent no.7Harish Chandra Yadav @ Pattu Yadav S/o Late Phool Chandra Yadav who was the Gram Pradhan of Gram Hathnaura Kalan, Post Noniyadeeh, Tehsil Phulpur, District Azamgarh to the District Magistrate. The grievance raised in the present petition is that no action has been taken by the District Magistrate on the said complaint filed by the petitioner.
Learned Standing Counsel appearing for the respondents states that the said complaint can be considered only if it is in accordance with the procedure prescribed under Rule 3 of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to as the 'Rules').
Rule 3 of the Rules provides for a detail procedure relating to complaints. It is for the District Magistrate to examine whether the complaint filed by the petitioner is in accordance with the procedure provided for under the Rules.
The writ petition is, accordingly, disposed of with the direction to the District Magistrate, Azamgarh to examine the complaint filed by the petitioner and in the event the complaint is found to be in accordance with the Rules, the District Magistrate shall proceed in accordance with law.
Order Date :- 5.4.2018 Sandeep
(Dilip Gupta,J.)
(Neeraj Tiwari,J.)
2 issues framed by the court
Whether the District Magistrate was justified in not taking action on the petitioner's complaint against the Gram Pradhan.
Whether the complaint filed by the petitioner was in accordance with the procedure prescribed under Rule 3 of the Rules.
1 provisions across 1 enactments
Barasatu Yadav
State Of U.P.
Harish Chandra Yadav @ Pattu Yadav
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
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