- (1.) M. Katju, J. This writ petition has been filed against the impugned order dated 14-5-2003 passed by the District Magistrate, Gorakhpur Annexure-1 to the writ petition. The petitioner has also prayed for a mandamus directing the respondents not to interfere in his functioning as Chairman, Nagar Panchayat, Sahjanwa, District Gorakhpur.
(2.) HEARD learned Counsel for the parties. It is alleged in paragraph 4 of the writ petition that the petitioner was elected as Chairman of Nagar Panchayat, Sahjanwa on 22-11-2000 and it is alleged in paragraph 5 that in this election the petitioner has defeated one Sri Ram Baran Singh who is younger brother of a local B. S. P. M. L. A. Sri Dev Narain Singh. It is alleged in paragraph 6 of the writ petition that on account of the influence of the local M. L. A. certain frivolous complaints and FIR were lodged against the petitioner and the petitioner was released on bail in the case. It is alleged that there was never any criminal case against the petitioner and his false implication in certain cases was due to political rivalry. In paragraph 7 of the writ petition it is alleged that when the petitioner was in Jail an order was passed by the District Magistrate, Gorakhpur under Section 54-A of the U. P. Municipalities Act whereby he appointed S. D. M. , Gorakhpur as the Administrator of the Nagar Panchayat. Section 54-A has been quoted in paragraph 7 of the petition and hence we are not repeating it here. True copy of the order dated 14-5-2003 is Annexure-1 to the writ petition.
(3.) IT is alleged in paragraph 8 of the writ petition that against the order under N. S. A. The petitioner filed a writ petition which has been allowed by the High Court vide Annexure-2 to the writ petition. After being released from Jail the petitioner wrote a letter to the District Magistrate Gorakhpur asking him to recall the order dated 14-5-2003 in view of the fact that the temporary vacancy which had been created on the post of Chairman has come to an end after the petitioner has released from custody and accordingly it was requested that the petitioner be allowed to work as Chairman of the Nagar Panchayat. On this application dated 21-7-2003 the District Magistrate, Gorakhpur directed the S. D. M. , Sahjanwa to submit a report, and the S. D. M. enquired from the S. H. O. Police Station Sahjanwa as to whether the petitioner was wanted to any other criminal case. Photocopy of the petitioner's application showing the endorsement of the District Magistrate, Gorakhpur and the S. D. M. , Sahjanwa is Annexure-3 to the writ petition. A report was submitted by the S. H. O. , Police Station Sahjanwa that the petitioner was on bail in all the cases vide Annexure-4 to the writ petition. IT is alleged in paragraph 11 of the writ petition that after this report of the S. H. O. a fresh report was called from the S. D. M. and legal opinion was also sought from the D. G. C. , Gorakhpur. However, after receiving this report it is alleged that the District Magistrate is sitting tight over the matter and is not allowing the petitioner to function. Hence this petition. A counter-affidavit has been filed by the Standing Counsel. It is alleged in paragraph 5 of the counter- affidavit that the petitioner was detained under the N. S. A. and apart from that there are as many as six criminal cases against him the details of which are given in paragraph 5 of the counter-affidavit. In some of them charge-sheet has also been submitted. Since the petitioner was involved in so may criminal cases apart from his detention under the N. S. A. he was unable to perform his work and duties of the Chairman of Nagar Panchayat and the post of Vice- Chairman is still lying vacant. Hence the District Magistrate appointed the S. D. M. under Section 54-A and his order is valid.;