Anjani Kumar, J. - (1.) BY means of present writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order impugned in the present writ petition dated 14th August, 2003, passed by District Panchayat Raj Adhikari, Ghazipur, copy whereof is appended as Annexure -1 to the writ petition, whereby the District Panchayat Rap Adhikari has restrained the petitioner, who is Pradhan of the concerned Gram Panchayat, from exercising any financial or administrative power till further orders.
(2.) HEARD learned counsel appearing on behalf of the petitioner and the learned standing counsel representing the contesting respondents. Learned counsel appearing on behalf of the petitioner submitted that District Panchayat Raj Adhikari has no power to pass the order impugned in the present writ petition. According to the submission made by learned counsel for the petitioner, the power, which can be exercised under Section 95 (1) (g) of the Panchayat Raj Act, as has been done in the present case, can be exercised only by the District Magistrate concerned and District Panchayat Raj Adhikari has no authority or power to pass this order. It is also submitted that the power aforesaid made by District Magistrate has net been delegated in favour of District Panchayat Raj Adhikari. In this view of the matter, this order is wholly without jurisdiction and deserves to be quashed.
(3.) LEARNED standing counsel appearing on behalf of the contesting respondents failed to demonstrate that the order passed by the District Panchayat Raj Adhikari under Section 178 of the Act aforesaid, as has been done in the present case can be delegated or has ever been delegated in favour of the District Panchayat Raj Adhikari.;