Raj Kishor Vs State of U.P. and 2 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 33558 of 2025

Raj Kishor

Versus	.....Petitioner(s)
State Of U.P. And 2 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Anil Kumar
Counsel for Respondent(s)	: C.S.C.

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Court No. - 6

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HON'BLE PRAKASH PADIA, J.

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Petitioner is a complainant. Complaint was made by him along-with other villagers against the Respondent No.3 namely Smt. Phoolkali (Gram Pradhan) as provided under Section 95(1)(G) of the Act, 1947 on 24.06.2025 before the Respondent No.2.

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It is argued by the counsel for the petitioner that though on the basis of the aforesaid compliant proceedings were initiated but till date no final decision has been taken in the matter.

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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 which deals with the procedure relating to complaints is as follows:-

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"3. Procedure relating to complaints.- (1) Any person making a complaint against a Pradhan or Up-Pradhan may send his complaint to the State Government or any officer empowered in this behalf by the State Government.

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(2) Every complaint referred to in sub-rule (1) shall be

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WRIC No. 33558 of 2025

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2

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accompanied by the complainant's own affidavits in support thereof and also affidavits of all persons from whom he claims to have received information of facts relating to the accusation, verified before a notary, together with all documents in his possession or power pertaining to the accusation."

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(3) Every complaint and affidavit under this rule as well as any schedule or annexure thereto shall be verified in the manner laid down in the Code of Civil Procedure, 1908, for the verification of pleadings and affidavits, respectively.

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(4) Not less than three copies of complaint as well as each of its annexures shall be submitted by the complainant.

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(5) A complaint which does not comply with any of the foregoing provisions of this rules shall not be entertained.

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(6) It shall not be necessary to follow the procedure laid down in the foregoing provisions of this rule, if a complaint against a Pradhan or Up-Pradhan is made by a public servant."

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It is for the District Magistrate to examine whether the complaint filed by the petitioners is in accordance with the procedure provided for under the Rules.

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The writ petition is, accordingly, disposed of with the direction to the District Magistrate, Fatehpur 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 pass an appropriate order on the same, expeditiously .

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It is made clear that this Court has not adjudicated upon the merits of the case, which shall be considered by the District Magistrate in accordance with law.

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September 24, 2025

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Swati

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(Prakash Padia,J.)

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Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad

Raj Kishor v. State of U.P. and 2 Others

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