S.R.Singh, J. - (1.) Heard Sri R.N. Singh for the petitioner, Standing Counsel representing the State Authorities and Sri V. Singh appearing for the Respondent No. 2- Pradhan of the Gram Panchayat Uttar Ganwan, Block Mohammadpur, Tehasil Nizamabad district Azamgarh.
(2.) The order impugned herein was passed by the Sub-Divisional Officer Nizamabad, Azamgarh removing the petitioner from the membership of the concerned Gram Panchayat in the purported exercise of powers under Section 95 (1) (g) of the U.P. Panchayat Raj Act, 1947. The power of removal of a Pradhan, Up-pradhan, or a Member of Gram Panchayat or a Joint Committee of Bhumi Prabandhak Samiti or a Panch, Sahayak Panch or Sarpanch of a Nyaye Panchayat on grounds stipulated in clauses (i) to (v) of clause (g) of Section 95 (1) is vested in the State Government. Earlier the power of removal under the said provision as it stood prior to its amendment by U.P. Act 9 of 1994 was delegated to the concerned S.D.O. but after the amendment of Section 95 (1) (g) by U.P. Act 9 of 1994 as a result of the provisions contained in Part IX of the Constitution of India, the power vested in the State Government has been delegated to the District Magistrate in exercise of powers under Section 96-A of the U.P. Panchayat Raj Act, 1947 vide notification No-1684/33.1.1997-124-97 dated April 20, 1997. In this view of the matter, it is evident that the S.D.O. Nizamabad ceased to have jurisdiction to remove a member of the Gram Panchayat on grounds enumerated in clauses (i) to (v) of clause (g). The removal of the petitioner, it may be stated, was ordered on ground that he absented himself unaccountably for more than three consecutive meetings or sittings of the Gram Panchayat. Since the order impugned herein has been passed by an authority not vested with power to remove a member of the Gram Panchayat, it does not commend itself for being sustained.
(3.) Accordingly, the petition succeeds and is allowed. The impugned order dated 12.1.1998 is quashed with liberty reserved to the Competent Authority namely the District. Magistrate to pass such orders as he may deem fit and proper after affording opportunity of hearing to the petitioners. Petition Allowed.;