Salil Kumar Rai, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel representing respondent Nos. 1 and 2.
(2.) An elected Gram Pradhan convicted of an offence under Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, 'N.D.P.S. Act, 1985') and sentenced to imprisonment for five years, has filed the present writ petition challenging an order passed by the District Magistrate, Bareilly, i.e., the respondent No. 2 removing him from the post of Gram Pradhan. The challenge is on the ground that the impugned order has been passed without issuing any show cause notice and without affording any opportunity of hearing to the petitioner.
(3.) The facts of the case are that the petitioner was elected as Pradhan of Gram Panchayat, Keni Shivnagar, Vikaskhand-Majhgava, District-Bareilly (hereinafter referred to as, 'Gram Panchayat') in the elections held in November/December, 2015. After his election as Gram Pradhan, petitioner was convicted under Section 18(c)(b) of the N.D.P.S Act, 1985 and sentenced to an imprisonment for five years by order dated 6.3.2018 passed by the Special Court, Patiala, District-Punjab. Respondent No. 2, exercising his powers under Section 95(1)(g)(v) of Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as, 'Act, 1947') passed an order dated 3.8.2018 removing the petitioner from the post of Gram Pradhan and declared a vacancy on the post of Pradhan in the Gram Panchayat and also consequently directed that elections for the post of Gram Pradhan be held. The said order has been passed on the ground that, under Section 5-A of Act, 1947 the petitioner stood disqualified to remain a Gram Pradhan. It has been stated in the writ petition that against the judgement and order dated 6.3.2018 passed by the Special Court, the petitioner has filed Appeal No. CRA (S) 1163/2018 (Diary No. 1955852), which is pending before Punjab & Haryana High Court. It has not been stated in the writ petition, but during the course of argument, the learned counsel for the petitioner informed the Court that in the aforesaid Appeal No. CRA (S) 1163/2018 (Diary No. 1955852), petitioner has been released on bail by the Punjab & Haryana High Court. It has been further stated in the writ petition that the order dated 3.8.2018 was passed by respondent No. 2 without issuing any show cause notice to the petitioner and without affording him any opportunity to plead his case and also without holding any inquiry as prescribed in Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to as 'Rules, 1997'). The order dated 3.8.2018 has been challenged in the present writ petition.;