Hon'ble Yatindra Singh, J. - (1.) A pradhan of a gram panchayat can be removed for his misconduct under sub-section (1)(g) of Section 95 {Section 95(1 ) (g}of the UP Panchayat Raj Act, 1947 (the Panchayat Raj Act). He ceases to exercise and perform the financial and administrative powers and functions (in short, exercise the financial and administrative powers), the moment a show cause notice is issued against him satisfying the conditions of the proviso to Section 95(1)(g) of the Panchayat Raj Act. The main question involved in this reference revolves around, The right of a pradhan before an order ceasing his powers is passed and the meaning of the word 'otherwise' in Rule 5 of the UP Panchayat Raj (Removal of Pradhan and Up Pradhans and Members) Enquiry Rules, 1997 (the Enquiry Rules).
(2.) THE petitioners in these four writ petitions (WPs) are pradhans of different gram panchayats. THE show cause notices were issued to them and their right to exercise financial and administrative powers was ceased under proviso to Section 95(1)(g) of the Panchyat Raj Act. THEy have filed the writ petitions(WPs) against the same. THE WPs have been referred to the Larger Bench. There is one reference in WP36881 of 2008 (the first writ petition) and WP 45576 of 2008 (the second writ petition). In WP 49305 of 2009 (the third writ petition) and WP 69511 of 2009 (the fourth WP) another single Judge has passed two separate but similar referring orders. For convenience, we are mentioning the facts of the first and third WP. In the first WP, the petitioner was elected as the pradhan of gram panchayat, Barua, district Mau. Some complaints were filed against him. On the basis of the same, a preliminary enquiry was conducted.
(3.) IN pursuance of the preliminary enquiry report, a notice was issued to the petitioner in the first WP on 2.6.2008 by the District Magistrate (DM) Mau. It was mentioned in the notice that in case no cause is shown or if it was found unsatisfactory then action under Panchayat Raj Act would be taken. The petitioner replied the same on 24.6.2008. After considering his reply, an order was passed on 21.7.2008: The petitioner was held to be prima facie guilty of committing financial and other irregularities and his right to exercise the financial and administrative powers was ceased; A committee of three members of the Gram Panchayat was appointed to exercise the powers of the pradhan till the finalisation of the final inquiry; and The District Youth Welfare Officer, Mau was appointed as the inquiry officer to conduct the final inquiry against the petitioner. The first writ petition is against the same.;