Pankaj Mithal, J. - (1.) UNDER challenge is the order of the District Magistrate, Kaushambi dated 24.7.2008 passed under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947 suspending the financial and administrative powers of the petitioner.
(2.) THE petitioner is an elected gram pradhan of village Naudhiya Amad Karari, block Sirathu, district Kaushambi. She was elected in the year 2005. It is said that some villagers including the complainant Om Prakash made complaints against her on which a preliminary enquiry was ordered. THE preliminary enquiry report was submitted on 25.4.2008. On its basis a show cause notice was issued to the petitioner by the District Magistrate on 17.5.2008 and after considering the petitioner's reply the impugned order was passed ceasing her financial and administrative powers pending a formal enquiry and for constitution of a three member committee. On the presentation of the petition, the learned Standing Counsel was directed by the Court to file counter affidavit within three weeks vide order dated 14.8.2008. Further time of three weeks was allowed vide order dated 1.10.2008 and 23.10.2008 was fixed. When even then no counter affidavit was filed the Court as a last opportunity granted three weeks more time for the purpose. In spite of this stop order no counter affidavit has been filed on behalf of any of the respondents who are represented by the learned Standing Counsel. However, a counter affidavit along with an application for impediment has been moved by Om Prakash one of the complainant. I have heard Sri B.N. Singh, learned counsel for the petitioner, learned Standing Counsel for the respondents and Sri H.N. Singh, learned counsel for the complainant who has applied for impleadment.
(3.) COUNSEL for the parties agree for final disposal of the petition and do not insist for any formal order on the impleadment application as the counsel for all the parties have been permitted to assist the Court and have been heard on merits. I have perused the record and have considered the submissions of the counsel for the parties.;