Subodh Tripathi vs State Of U.P. Thru. The Secy. ...
2023 Latest Caselaw 8381 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 213 of 2023
 

 
Petitioner :- Subodh Tripathi
 
Respondent :- State Of U.P. Thru. The Secy. Panchayati Raj Civil Secrt.Lko. And Others
 
Counsel for Petitioner :- Satyendra Nath Mishra,Arvind Kumar Jauhari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Om Prakash Shukla,J.

Heard Shri Arvind Kumar Jauhari, learned counsel for the petitioner, Shri Anil Kumar Singh Visen, learned State Counsel and Shri Gaurav Mehrotra, learned counsel for the respondent No.5.

By means of this petition purportedly filed in public interest, a prayer has been made to direct the State authorities in the Department of Panchayati Raj, Uttar Pradesh to take appropriate decision on the complaint/representation dated 23.02.2023 of the petitioner seeking removal of the respondent no.5 from the office of Adhyaksha, Zila Panchayat, Sultanpur on the ground that she has been convicted in Sessions Trial No.156 of 2016 by means of the judgment and order passed by the learned trial court on 03.12.2022.

Prior to filing of this writ petition, the petitioner had filed Public Interest Litigation (PIL) No.918 of 2022 which was however, dismissed on the ground that the petitioner ought to have approached the authorities concerned under Rule 3 of Uttar Pradesh Kshettra Panchayats and Zila Panchayats (Removal of Pramukhs and Up-Pramukhs, Adhyakshas and Up-Adhyakshas) Enquiry Rules, 1997. After dismissal of the said writ petition by the Co-ordinate Bench of this Court on 02.01.2023, the petitioner has made a representation under the said rules on 23.02.2023.

We have been informed that so far as the conviction of respondent no.5 in the aforesaid criminal case is concerned, this Court has passed an order on 02.02.2023 in Criminal Appeal No.3283 of 2022 whereby the operation and implementation of the conviction order dated 03.12.2022 has been stayed till disposal of the appeal.

Accordingly, the effect of the conviction order has been suspended by the order passed by this Court on 02.02.2023.

When we peruse the complaint of the petitioner what we find is that no other ground has been taken seeking removal of the respondent no.5 from the office of Adyaksha, Zila Panchayat, Sultanpur except the ground of her conviction which has already been stayed by the Co-ordinate Bench of this Court by means of the order dated 02.02.2023.

In view of the aforesaid, we are not inclined to interfere in this writ petition which is hereby dismissed.

Order Date :- 22.3.2023

S. Shivhare