V.K. Shukla, J. - (1.) MADHAV Lal, Pradhan of Gram Panchayat Songarh, District Mirzapur has approached this Court questioning the validity of the decision dated 3.11.2009 passed by the District Magistrate, Mirzapur proceeding to cease financial and administrative power of petitioner as Pradhan in exercise of authority vested under the proviso of Section 95(1)(g) of U.P. Panchayat Raj Act, 1947.
(2.) BRIEF background of the case is that on 11.8.2009 in order to supervise the development activities, village Chaupal was held and therein it was reflected that Pradhan of village has indulged in financial and other irregularities in respect of construction activities and in reference to the same Vinay Kumar son of Sri Shyam Lal, member of Kshetra Panchayat Haliya and Lallu Ram son of Sri Taulan, member of Gram Panchayat Songarha also made complaint supported by affidavit. On the said complaint being moved, District Panchayat Raj Officer was asked to make inquiry and submit report. District Panchayat Raj Officer made inquiry and submitted its report and thereafter, District Magistrate, Mirzapur on 5.10.2009 issued show cause notice to petitioner. To the said show cause notice, petitioner submitted his reply on 24.10.2009 and thereafter, order impugned has been passed, which is subject matter of challenge in the present case. Counter affidavit has been filed and therein action, which has been sought to be taken has been sought to be justified.
(3.) AFTER pleadings mentioned above have been exchanged, and thereafter, present writ petition has been taken up for final hearing/disposal with the consent of the parties.;