- (1.) COUNTER affidavit filed by the State is taken on record.
(2.) HEARD Mr. Raghvendra Kumar Singh, Senior Advocate assisted by Mr. Anurag Kumar Singh, learned Counsel for the petitioner, Mr. Sanjay Bhasin, learned Additional Chief Standing Counsel for the State, Mr. Vinod Kumar Singh, Senior Advocate assisted by Mr. Ashok Kumar Shukla, learned Counsel for opposite party No. 4.
(3.) THE petitioner has challenged the order dated 8th of June, 2010, issued by the State Government, whereby in exercise of power provided under Section 21A of U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 (hereinafter referred to as the 'Act') the State Government has appointed a three member committee to discharge the functions of Adhyaksha of Zila Panchayat. The learned Counsel for the petitioner submits that earlier three member committee was appointed to discharge the function of Adhyaksha of Zila Panchayat in exercise of power provided under Section 29 of the Act during the course of enquiry. Though on the result of enquiry the Adhyaksha Smt. Malti Singh, has been removed from the office, but since no election has taken place, the Committee appointed to discharge the function of Adhyaksha is still entitled to continue till the next election takes place. He further submits that it is not the new committee, but one member of the earlier committee has been replaced and in place of one Shri Vishwesh Nath, Smt. Malti Devi, the opposite party No. 4, has been appointed as member of the committee at the behest of one local M.L.A., who recommended her name. The letter of M.L.A. has also been brought on record as Annexure No. 5. Thus he submits that the change in the Committee is absolutely political in nature and that vitiates the appointment of the Committee itself.;