D.K. Upadhyay, J. - (1.) Heard learned Counsel for the petitioner and learned Standing Counsel appearing for the State -respondents. Under challenge in this petition is an order dated 15.8.2012, passed by the District Magistrate, Pratapgarh, whereby the administrative and financial powers of the petitioner of the office of Gram Pradhan of Gram Panchayat Yahiyapur, Development Block -Baba Belkhar Nath Dham, district Pratapgarh, have been seized and the said functions have been entrusted to a Committee comprising of three members, namely, (i) Smt. Litta Devi, (ii) Shri Aabad Ali and (iii) Shri Chandramani.
(2.) Submission of learned Counsel for the petitioner is that the aforesaid power under the proviso appended to Sec. 95(1)(g) of the U.P. Panchayat Raj Act, 1947 has been exercised by the District Magistrate, Pratapgarh ignoring that Sec. 95(1)(g)(iii -a) has been declared to be ultra vires by this Court in the case of Hoti Lal v/s. State of U.P., decided on 10.5.2002, Civil Misc. Writ Petition Nos. 2579 and 2673 of 2002, and as such the impugned order cannot be permitted to be sustained.
(3.) A perusal of the order passed by the District Magistrate, Pratapgarh, which is under challenge in this petition, reveals that the only reason indicated by the District Magistrate while divesting the petitioner of her administrative and financial powers of the office of Gram Pradhan is that the petitioner, though was elected on the basis of a certificate issued to her certifying that she belongs to Other Backward Classes category, however, subsequently, the said certificate has been cancelled and as such the petitioner looses her right to be the Gram Pradhan.;