Amar Bahadur Singh v. State of U.P. and 8 Others

Court No. - 46 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2145 of 2023 Petitioner :- Amar Bahadur Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ashok Kumar Dwivedi,Surendra Prasad Sharma Counsel for Respondent :- C.S.C.,Rahul Singh,Ranjeet Asthana Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J. Various allegations are made against the Ex-Pradhan of Gram Panchayat Dihwa, Block Sadat, Ghazipur. It is also alleged that funds are misappropriated but no action is taken in the matter. Learned State Counsel submits that all such factual issues can be examined against the village Pradhan U/s 95 (1)(G) of Panchayat Raj Act for which proceedings can be initiated in accordance with the inquiry Rules, 1997. It is also submitted that against Ex-Pradhan, only proceeding for sur-charge can be initiated for which separate procedure is specified. It is also pointed by the respondents that litigation is pending between the family members of petitioner with the Ex-Pradhan and the petition has not been instituted in genuine public interest. Be that as it may, we find substance in the objection raised by the respondents, inasmuch as all such complaints against the Pradhan can be examined in appropriate proceeding initiated before the competent forum in accordance with law. Leaving it open for the petitioner to pursue such remedy in accordance with law, this PIL petition is consigned to records. Order Date :- 13.10.2023 C. MANI High Court of Judicature at Allahabad