Allahabad High Court
Nazeer Ahmad & Another vs State Of U.P. & 5 Others on 4 August, 2014
Bench: Amreshwar Pratap Sahi, Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 21
Case :- WRIT - C No. - 39966 of 2014
Petitioner :- Nazeer Ahmad & Another
Respondent :- State Of U.P. & 5 Others
Counsel for Petitioner :- Pramod Kumar Srivastava
Counsel for Respondent :- C.S.C.,Pt. Sita Ram Vishwakarma
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Vivek Kumar Birla,J.
Heard Sri P.K. Srivastav, learned counsel for the petitioners and Sri Sita Ram Vishwakarma, learned counsel for the respondent no.6 and learned Standing Counsel for the respondent nos.1, 2 and 3.
Issue notice to respondent nos.4 and 5. Steps within a week.
This petition raises a peculiar issue about the functioning of the Chairperson of Nagar Panchayat, Manjhanpur, district Kaushambi. The allegation of the petitioners, who are Ex-chairperson and member respectively for the Nagar Panchayat is to the effect that Hashmi Begum, the originally elected Chairperson whose photograph has been placed as annexure 5 to the writ petition, had fallen ill and went to Bombay for her treatment where she has allegedly died.
The son of late Hashmi Begum, namely the respondent no.5 has now set up another lady as his mother and is getting the function of Nagar Panchayat performed through her who is an imposter. The District Magistrate has already issued a notice for an enquiry to that effect on 20th February, 2014.
On the other hand, the said imposter lady has filed a criminal complaint against the petitioner no.1 and officials of a newspaper known as Nishpaksh Pratidin alleging that such rumour is being floated, and therefore, the opposite parties should be prosecuted under Sections 500, 501, 502 of the IPC. It is alleged that on came to know of the aforesaid criminal complaint being lodged, the petitioner no.1 filed an application under Section 482 Cr.P.C. before this Court being Application No. 17517 of 2014 where the following order has been passed on 31st July, 2014;
"Heard learned counsel for the applicant, learned AGA and perused the record.
Learned AGA informed that he has not received instructions.
According to version of the applicant since complaint was made by him who is Ex-Chairman of the Nagar Panchayat hence the impugned complaint has been filed. The allegation is serious one that though the elected Chairman Nagar Panchayat, Manjhanpur, District Kaushambi Smt. Hashami Begum expired under treatment in Bombay, however, another lady imposing herself to be Smt. Hashami Begum working as Chairman. The District Magistrate, Kaushambi is required to look into the matter, take appropriate step and after getting the matter enquired regarding the allegation of the applicant, will submit report of the enquiry before this Court by the next date.
Issue notice to opposite party no. 2 returnable at an early date.
List on 27.08.2014.
Interim order, if any, shall continue till the next date of listing.
Let a copy of this order be supplied to learned AGA to ensure compliance of the order. If by the next date further no instruction is available with learned AGA then there would be no option but to issue direction to the District Magistrate, Kaushambi, personally, to show cause."
It is stated at the bar by the learned counsel for the petitioners that till date no affidavit has been served on him by any of the State Authorities including the police authorities in the said application under Section 482 Cr.P.C. disputing these facts.
In the aforesaid background if the contention raised by the petitioners is in any way correct, then in that view of the matter the case will assume serious dimensions to be considered by this Court.
Accordingly, in view of the notice issued by the District Magistrate himself copy whereof is annexure 3 to the writ petition, the District Magistrate, Kausambhi is directed to file his affidavit along with a report after inquiry into the matter and taking help of police as well by the next date fixed.
The authorities are further to take notice of the application under Section 482 Cr.P.C. and file their response also therein.
List on 27th August, 2014 along with the record of Application U/s 482 Cr.P.C. No.17517 of 2014.
Let a copy of this order be supplied to the learned Standing Counsel for being forwarded to the District Magistrate for action forthwith.
Sri Vishwakarma for the respondent no.6 shall also file an affidavit by the next date fixed. The Executive Officer shall himself file an affidavit as to who is the Chairman functioning now along with the photograph of the Chairperson.
Order Date :- 4.8.2014
Ajay
