ASHWANI KUMAR MISHRA,J. - (1.) Petitioner in the present writ petition is elected member of Gram Panchayat Jungle Nagar Chhapra, Post Nahar Chhapra, Tehsil Padrauna, District Kushinagar. He is aggrieved by an order passed by the District Magistrate Kushinagar, dated 6.1.2020, whereby the District Magistrate has invoked his powers under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947 to suspend the administrative and financial powers of the Village Pradhan and has constituted a three member committee to perform the administrative and financial powers of Pradhan. The challenge to this order is essentially laid on the premise that being an elected office the functions of Pradhan can be performed only by a committee which has the support of all elected members of Panchayat. Contention is that unless views of all elected members are obtained it would not be open for the District Magistrate to nominate elected members of gram panchayat to the three members committee.
(2.) Sri Vishal Tandon, learned counsel for the petitioner in support of such submission has placed reliance upon a division bench judgment of this Court in Pushpendra Kumar v. State of U.P. reported in 2010 (4) ADJ 348 , which in turn relies upon a previous Division Bench Judgment of this Court in Udaivir v. State Election Commission of U.P. through its Chairman and others reported in 2009 (106) RD 151 . The submission in that regard is opposed by the learned State Counsel.
(3.) In order to consider the respective submissions advanced at the bar it would be appropriate to notice the relevant statutory scheme which operates in the field. Proviso to Section 95(1)(g) empowers the District Magistrate to constitute a three member committee of elected members of village panchayat for exercising administrative and financial powers of the Village Pradhan during the period of his suspension. The proviso to Section 95(1)(g), which is relevant for the present purposes, is extracted hereinafter:- '[Provided that where, in an enquiry held by such person and in such manner as may be prescribed, a Pradhan or Up-Pradhan is prima facie found to have committed financial and other irregularities such Pradhan or Up-Pradhan shall cease to exercise and perform the financial and administrative powers and functions, which shall, until he is exonerated of the charges in the final enquiry, be exercised and performed by a Committee consisting of three members of Gram Panchayat appointed by the State Government.]' ;