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 WP 36881 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.
(3.) 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.;