- (1.) When the writ petition was initially moved before this Court, upon hearing the learned advocates for the petitioner and the State, the following order was passed on 6th October, 2010:- Prima facie, the Memo dated 23rd June, 2010 cannot be supported as the meeting was to be held on 4th June, 2010 at 11.30 a.m. as a requisitioned meeting. On a query raised by the prescribed authority with the Secretary In-Charge of the concerned Gram Panchayat the Secretary In-Charge reported that the observer attended the said meeting at 12.30 p.m. As the meeting was to be held at 11.30 a.m., the late coming of the observer cannot regularize his presence at the said meeting. It is on the basis of the resolution taken at the meeting held on 4th June, 2010 that the Memo. Dated 23rd June, 2010 which had been issued for the reasons set out above cannot be supported prima facie. Accordingly, the Memo. Dated 23rd June, 2010 is stayed till six weeks alter the long vacation. Direction is given for filing affidavits by the parties. Let affidavit-in-opposition be filed within two weeks after the long vacation; reply thereto, if any, be filed within a week thereafter. Matter to appear in the list four weeks after the long vacation. At that point of time, admittedly, the private respondent no. 8 was not served. Subsequently an application, being CAN 9557 of 2010, was moved by the private respondent No. 8 seeking vacation of the ad interim order dated 6th October, 2010, and an order was passed on 24th December, 2010, in connection with the said application. However, the order dated 6th October, 2010, was not vacated by the Court. Aggrieved, the private respondent No. 8 preferred an appeal before a Division Bench of this Court. The Division Bench, however, did not intervene and remanded the matter before the First Court.
(2.) The writ petition now comes up for final disposal.
(3.) It is the specific contention of the learned Advocate for the petitioner that the memo dated 23rd June, 2010, issued by the Prescribed Authority, whereby and whereunder his client was sought to be removed as Pradhan of Paharpur Gram Panchayat, is unsustainable in law. He further submits that the subsequent memo dated 12th July, 2010, issued by the Prescribed Authority for election of a new Pradhan is also bad in law.;