R.B. Mehrotra, J. - (1.) BY means of present writ petition, under Article 226 of the Constitution of India, the petitioner has challenged an order passed by the Sub -Divisional, Officer, Kashipur dated 11 -7 -1991, whereby the petitioner, who is Pradhan of the Gaon Sabha, was suspended with immediate effect and Tahsildar, Kashipur was appointed for conducting enquiry against the petitioner for the charges levelled against the petitioner. While passing the aforesaid suspension order, the Sub -Divisional Officer recorded "I am in agreement with the enquiry report of the Enquiry Officer and the complaints, which have been found to be correct in the preliminary enquiry, are so serious that it has become necessary to suspend the Pradhan. The petitioner, in the present writ petition, has obtained an ex parte interim order in his favour, whereby the operation of the impugned order dated 31 -7 -1991 was initially stayed till 24 -10 -1991.
(2.) ON behalf of one Sri Bhagesh Singh, who is a member of the Goan Sabha, an application was moved for impleading him as respondent. The aforesaid application was allowed by the Court, vide its order dated 18 -11 -1991. Sri S.S. Rathore, counsel appearing for Sri Bhagesh Singh, raised a Preliminary objection, regarding maintainability of the writ petition and contended that the petitioner has an alterative remedy of filing a revision before the Commissioner. As such, the writ petition deserves to be dismissed on the ground of availability of alternative remedy, which is equally efficacious and speedy.
(3.) UNDER Section 95(1)(99) of U.P. Panchayat Raj Act (hereinafter referred to as 'the Act'), the State Government has been conferred powers to suspend Pradhan or up Pradhan or a member of Committee of Gaon Panchayat etc. Section 95(3) of the Act provides that the order passed by the State Government under the section shall not be called in a question in any court. Section 96(a) of the Act confers power of the State Government to delegate all or any of its powers under this Act to any officer or authority, subordinate to it, subject to such conditions and restrictions, as it may deem fit to impose. The aforesaid relevant provisions are reproduced below: - - 95. Inspection. - -(1) The State Government may - - (2) remove a member of a Gaon Panchayat or a Joint Committee or Bhumi Prabandhak Samiti, an office -bearer of a Gaon Sabha or a Panch, Sahayak Sarpanch or Sarpanch of a Nyaya Panchayat if he - - (i) Absents himself without sufficient cause from more than three consecutive meetings of sittings. (ii) 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) has accused 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, or (iv) being a Sahayak Sarpanch or a Sarpanch of the Nyaya Panchayat takes active part in politics, or (v) suffers from any of the disqualification mentioned in clauses (a) to (m) of Section 5A(99) suspend a Pradhan or up -Pradhan or a member of a Gaon Panchayat or Joint Committee of Bhumi Prabandhak Smiti or a Panch, Sahayak Sarpanch or Sarpanch or 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, is pending Section 95(3). No order made by the State Government under this section shall be called in question in any court. 96 -A Delegation of powers by State Government. The State Government may delegate all or any of its powers under this Act to any officer or authority subordinate to it subject to such conditions and restrictions as it may deem fit to impose.;