B. Amit Sthalekar, J. - (1.) Heard Shri Bhawesh Pratap Singh, learned counsel for the petitioner and the learned standing counsel for the respondents.
(2.) No counter affidavit has been filed in this case. This writ petition is being decided with the consent of learned counsel for the parties since the identical matter being Writ petition no.6573 of 2018 (Shashi Kant Vs State of U.P. and others) has already been allowed and it is not disputed by the learned counsel for the parties that the issue involved in this case is identical to that of Writ petition no. 6573 of 2018 (Shashi Kant Vs State of U.P. and others).
(3.) The petitioner in the writ petition is seeking quashing of the order dated 16.1.2018. The petitioner is Gram Pradhan of Gram Panchayat, Dadikha, Vikas Khand Bilhaur, District Kanpur Nagar. He was elected as such in the year 2015. During an inspection by the Divisional Inspection Team of Swachh Bharat Mission (Rural) it was found that for construction of 412 public toilets a sum of Rs.49,44,000/- was sanctioned out of which construction of 187 toilets have not even started and so far as the remaining 225 toilets are concerned, they were still incomplete and some of these toilets did not have the junction chamber, some did not have roof, 56 toilets did not have any door etc. On this report the District Magistrate issued a notice to the petitioner to which the petitioner did not submit any reply and thereafter the impugned order has been passed on 16.1.2018 withholding the financial and administrative powers of the petitioner as Gram Pradhan and by another order dated 23.1.2018 an enquiry committee of three members has been constituted under section 95(1)(g) of the U.P. Panchayat Raj Act, 1947.;