The Court dismissed the PIL directing the District Magistrate to reconsider a representation regarding removal allegations against Gram Sabha officials, directing the petitioner to approach the Enforcement Inquiry Rules, 1997.
Petitioner set at liberty to take recourse to U.P. Panchayat Raj Enquiry Rules, 1997.
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Court No. - 9
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 192 of 2021
Petitioner :- Karedeen Bind Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shailendra Kumar Yadav Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
Petitioner by way of this Public Interest Litigation seeks a direction to the respondent no. 2- District Magistrate, Bhadohi to consider the representation preferred by the petitioner on 15.10.2020.
From the representation, the decision whereof is being sought from the respondent no. 2, it is borne out that the allegation is against the Gram Pradhan, Gram Sabha Dhara Vishambhar Patti and the Secretary of the said Gram Sabha.
In our considered opinion with the advent of the U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997, the petitioner has forum for redressal of his grievance. Therefore, we are not inclined to cause any indulgence. Instead, the petitioner is set at liberty to take recourse to the Rules of 1997 for the grievance raised in the petition and the representation filed before the Authority.
Petition stands disposed of finally in above terms.
Order Date :- 4.2.2021 A. V. Singh
(Jayant Banerji, J.) (Sanjay Yadav, J.)
1 issue framed by the court
Whether the petition requires intervention when the petitioner has a specific forum under UT Rules, 1997.
1 provisions across 1 enactments
Karedeen Bind
State Of U.P.
District Magistrate, Bhadohi
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
