M.P.Singh - (1.) SECTION 95 of U. P. Panchayat Raj Act, 1947 (herein-after referred to as the Act) keeps a control over the functioning of the Pradhan, who is an elected person. SECTION 95 (1) (g) empowers the Sub- Divisional Officer to remove him if ;- (i) he absents himself without sufficient cause from more than three consecutive meetings or sittings, (ii) he refuses to act or becomes incapable of acting for any reason whatsoever or if he is accused of or charged for an offence involving moral turpitude, (iii) he has abused his position as such or has persistently failed to perform the duties imposed by the Act or rules made thereunder or his continuance as such is not desirable in public interest, (iv) he being a Sahayak Sarpanch or a sarpanch of the Nyaya Panchayat takes active part in politics, (v) he surfers from any of the disqualifications mentioned in Clause (a) to (m) of section 5-A of the Act
(2.) BY Amending Act 3 of 1973 one more sub-section (gg) was added to this section. Section 95 (1) (gg) of the Act reads as follows : "suspend a Pradhan or Up-Pradhan or a Member of a Gaon Panchayat or Joint Committee or Bhumi Prabandhak Samiti or a Panch, Sahayak Sar- Panch or Sarpanch or a Nyaya Panchayat against whom proceedings under clause (g) are pending or contemplated or against whom prosecution for an offence, which in the opinion of the State Government involves moral turpitude, if pending : Provided that an order of suspansion under this clause shall not affect the right, if any, of the Pradhan or the Up Pradhan as the case may be, to take part in the proceedings of a meeting convened under section 14 and to vote at such meeting." Under this provision, an order of suspension can be passed by the Sub-Divisional Officer against a person, against whom proceedings under section 95 (1) (g) of the Act are pending or contemplated.
(3.) BY means of the present writ petition, the petitioner has challenged the order dated 13-8-1990 passed by the Sub-Divisional Officer under section 95 (1) (g) removing him from the office of Pradhan. SHORT FACTS The petitioner was elected as Pradhan of the Gaon Sabha Sonda, Pergana Jalalabad, Tehsil Modinagar, district Ghaziabad in the year 1982. Thereafter, he was again re-elected in the year 1988.;