Amar Jeet Singh … v. State Of U.P. and Ors

Heard learned Counsel for the petitioner as well as learned Standing Counsel and Sri Amar Singh, who appears on behalf of the elected Gram Pradhan.

2. The present petition has been filed challenging an order dated

09.05.2025 (Annexure-1) and the order dated 17.05.2025 (Annexure-2) to the writ petition.

3. The facts that emerge from the petition are that Smt. Dulara was elected as Gram Pradhan of Gram Panchayat Khanpur, Vikas Khand Haidergarh. Subsequently, on account of an exercise of de-limitation, the said Gram Pradhan's house was earmarked in the area of Nagar Panchayat, Subeha and thus, according to the petitioner, the Gram Pradhan, could not continue as a Gram Pradhan in view of the mandate of Section 6 of the U.P. Panchayat Raj Act, 1947.

4. It is further argued by the Counsel for the petitioner that even in terms of the mandate of Section 6-A of the U.P. Panchayat Raj Act, an 2 order was passed against the Gram Pradhan. It is also admitted that an appeal is pending, however, no interim orders has been passed therein.

5. In the light of the said, it is argued that once the Gram Pradhan had incurred statutory disqualification and cannot hold the office, it is mandatory on the respondents to take steps for appointment of an Administrative Committee as prescribed under Section 12(3-A) of the Panchayat Raj Act, however, no steps have been taken. The petitioner is the elected member of the Gaon Sabha.

6. The Counsel for the Gram Pradhan, who appears as intervenor, states that the appeal is pending and no interim order has been passed, however, directions were issued by this Court for disposal of the appeal within a period of four months vide order dated 10.04.2025 in Matters Under Article 227 No.2008 of 2025. He further argues that no final orders have been passed in appeal.

7. Learned Standing Counsel based upon the instructions states that in view of the pendency of the appeal, Smt. Dulara is continuing to hold the office of the Gram Pradhan and her financial and administrative powers have not been ceased. The instructions are taken on record.

8. In view of the rival contentions, it is essential to notice that in terms of the provisions incorporated in the Constitution of India wherein Part IX was introduced in Constitution. Steps were taken for constitution of Gram Pradhan at the village level. Necessary amendments were also made in the Uttar Pradesh Panchayat Raj Act in pursuance to the constitutional amendments. It is essential to notice Section 6, Section 6-A and Section 12(3-A) of the Panchayat Raj Act, which are as under: “6. Cessation of Membership – (1) A member of Gram Panchayat shall cease to be such member if the entry relating to that member is deleted from the electoral roll for a territorial constituency of Gram Panchayat. 3 (2) Where any person ceases to be a member of a Gram Panchayat under sub-section (1) he shall also cease to hold any office to which he may have been elected, nominated or appointed by reason of his being a member thereof. 6-A. Decision on question as to disqualifications – If any question arises as to whether a person has become subject to any disqualification mentioned in Section 5-A or in sub-section (1) of Section 6, the question shall be referred to the prescribed authority for his decision and his decision shall, subject to the result of any appeal as may be prescribed, be final.

12. (3-A) Notwithstanding anything contained in any other provisions of this Act, where due to unavailable circumstances or in public interest, it is not practicable to hold an election to constitute a Gram Panchayat before the expiry of its duration, the State Government or an officer authorized by it in this behalf may, by order, appoint an Administrative Committee consisting of such number of persons qualified to be elected as members of the Gram Panchayat, as it may consider proper or an Administrator and the members of the Administrative Committee or the Administrator shall hold office of such period not exceeding six months as may be specified in the said order and all powers, functions and duties of the Gram Panchayat, its Pradhan and Committees shall vest in and be exercised, performed and discharged by such Administrative Committee or the Administrator, as the case may be.”

9. On a plain reading of Section 6, it is clear that the ceasing to continuing as a member of the Gram Panchayat and the consequent ceasing of holding any office, is triggered automatically by virtue of the statutory enactment, as soon as, the name of such member is deleted from the electoral roll for the territorial constituency of the Gram Panchayat. Once, the statutory injunction is triggered, the same can be under only by decision under Section 6-A or in the appeal filed thereafter. Even the powers of Section 6-A and the appeal thereafter, cannot restore the status quo till the time, the effect of cessation of membership as prescribed under Section 6, is not quashed by any statutory authority. The mandate of Section 12(3-A) is also clear and is in furtherance of an action that no 4 Gram Panchayat should be unrepresented and thus, there is a prescription for appointment of an Administrative Committee till the time, a fresh Gram Pradhan is elected.

10. The Counsel for the Gram Pradhan has tried to argue that till the time, an order of removal is not passed under Section 95(1)(g), it cannot be said that the Gram Pradhan is incapacitated to act as Gram Pradhan. Section 95(1)(g) of the U.P. Panchayat Raj Act is quoted below: “95. Inspection – (1) The State Government may – (g) remove a Pradhan, or member of a Gram Panchayat or a Joint Committee or Bhumi Prabandhak Samiti, if he - (i) absents himself without sufficient cause for more than three consecutive meetings or sittings. (ii) refuses to act or becomes incapable of acting for any reason whatsoever or if he is accused of or charged for an offence involving moral turpitude. (iii) has abused his position as such or has persistently failed to perform the duties imposed by this Act or rules made thereunder or his continuance as such is not desirable in public interest, or (iii-a) has taken the benefit of reservation under sub-section (2) of Section 11-A or sub-section (5) or Section 12, as the case may be, on the basis of a false declaration subscribed by him stating that he is a member of Scheduled Castes, the Scheduled Tribes or the backward classes, as the case may be. (iv) being a Sahayak Sarpanch or a Sarpanch takes active part in politics, or (v) suffers from any of the disqualifications mentioned in Clauses (a) to (m) of Section 5-A; 5 Provided that where, in an enquiry held by such person and in such manner as may be prescribed, a Pradhan or is prima facie found to have committed financial and other irregularities such Pradhan or shall cease to exercise and perform the financial and administrative powers and functions, which shall, until he is exonerated of the charges in the final enquiry, be exercised and performed by a Committee consisting of three members of Gram Panchayat appointed by the State Government.] (gg) * * * (h) * * * Provided that – i- No action shall be taken under Clause (f), Clause (g) except after giving to the body or person concerned a reasonable opportunity of showing cause against the action proposed; ii- * * *”

11. The submission of the the respondent-Gram Pradhan cannot be accepted in view of the plain language of Section 95(1)(g), which prescribes for removal of Gram Pradhan only in the event, the stipulations contained in Section 95(1)(g).

12. In the present case, the disqualification suffered by virtue of statutory injunction contained in Section 6, is absent in Section 95(1)(g) and thus to that extent, the submission of the Counsel cannot be accepted. The stand of the State that on account of pendency of the appeal, the Gram Pradhan is still continuing, is contrary to the mandate of Section 6 of the Act. Thus, the writ petition deserves to be allowed.

13. The respondents are directed to form an Administrative Committee in terms of the prescriptions contained under Section 12(3-A) of the Act forthwith.The same shall be subject matter of the appeal that have been preferred by the Gram Pradhan. 6

14. In case the appeal is decided in favour of the Gram Pradhan, the steps shall be taken in accordance with law.

15. The writ petition is allowed in the above terms. August 20, 2025 akverma [Pankaj Bhatia, J.] ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Heard learned Counsel for the petitioner as well as learned Standing Counsel and Sri Amar Singh, who appears on behalf of the elected Gram Pradhan.

2. The present petition has been filed challenging an order dated

09.05.2025 (Annexure-1) and the order dated 17.05.2025 (Annexure-2) to the writ petition.

3. The facts that emerge from the petition are that Smt. Dulara was elected as Gram Pradhan of Gram Panchayat Khanpur, Vikas Khand Haidergarh. Subsequently, on account of an exercise of de-limitation, the said Gram Pradhan's house was earmarked in the area of Nagar Panchayat, Subeha and thus, according to the petitioner, the Gram Pradhan, could not continue as a Gram Pradhan in view of the mandate of Section 6 of the U.P. Panchayat Raj Act, 1947.

4. It is further argued by the Counsel for the petitioner that even in terms of the mandate of Section 6-A of the U.P. Panchayat Raj Act, an 2 order was passed against the Gram Pradhan. It is also admitted that an appeal is pending, however, no interim orders has been passed therein.

5. In the light of the said, it is argued that once the Gram Pradhan had incurred statutory disqualification and cannot hold the office, it is mandatory on the respondents to take steps for appointment of an Administrative Committee as prescribed under Section 12(3-A) of the Panchayat Raj Act, however, no steps have been taken. The petitioner is the elected member of the Gaon Sabha.

6. The Counsel for the Gram Pradhan, who appears as intervenor, states that the appeal is pending and no interim order has been passed, however, directions were issued by this Court for disposal of the appeal within a period of four months vide order dated 10.04.2025 in Matters Under Article 227 No.2008 of 2025. He further argues that no final orders have been passed in appeal.

7. Learned Standing Counsel based upon the instructions states that in view of the pendency of the appeal, Smt. Dulara is continuing to hold the office of the Gram Pradhan and her financial and administrative powers have not been ceased. The instructions are taken on record.

8. In view of the rival contentions, it is essential to notice that in terms of the provisions incorporated in the Constitution of India wherein Part IX was introduced in Constitution. Steps were taken for constitution of Gram Pradhan at the village level. Necessary amendments were also made in the Uttar Pradesh Panchayat Raj Act in pursuance to the constitutional amendments. It is essential to notice Section 6, Section 6-A and Section 12(3-A) of the Panchayat Raj Act, which are as under: “6. Cessation of Membership – (1) A member of Gram Panchayat shall cease to be such member if the entry relating to that member is deleted from the electoral roll for a territorial constituency of Gram Panchayat. 3 (2) Where any person ceases to be a member of a Gram Panchayat under sub-section (1) he shall also cease to hold any office to which he may have been elected, nominated or appointed by reason of his being a member thereof. 6-A. Decision on question as to disqualifications – If any question arises as to whether a person has become subject to any disqualification mentioned in Section 5-A or in sub-section (1) of Section 6, the question shall be referred to the prescribed authority for his decision and his decision shall, subject to the result of any appeal as may be prescribed, be final.

12. (3-A) Notwithstanding anything contained in any other provisions of this Act, where due to unavailable circumstances or in public interest, it is not practicable to hold an election to constitute a Gram Panchayat before the expiry of its duration, the State Government or an officer authorized by it in this behalf may, by order, appoint an Administrative Committee consisting of such number of persons qualified to be elected as members of the Gram Panchayat, as it may consider proper or an Administrator and the members of the Administrative Committee or the Administrator shall hold office of such period not exceeding six months as may be specified in the said order and all powers, functions and duties of the Gram Panchayat, its Pradhan and Committees shall vest in and be exercised, performed and discharged by such Administrative Committee or the Administrator, as the case may be.”

9. On a plain reading of Section 6, it is clear that the ceasing to continuing as a member of the Gram Panchayat and the consequent ceasing of holding any office, is triggered automatically by virtue of the statutory enactment, as soon as, the name of such member is deleted from the electoral roll for the territorial constituency of the Gram Panchayat. Once, the statutory injunction is triggered, the same can be under only by decision under Section 6-A or in the appeal filed thereafter. Even the powers of Section 6-A and the appeal thereafter, cannot restore the status quo till the time, the effect of cessation of membership as prescribed under Section 6, is not quashed by any statutory authority. The mandate of Section 12(3-A) is also clear and is in furtherance of an action that no 4 Gram Panchayat should be unrepresented and thus, there is a prescription for appointment of an Administrative Committee till the time, a fresh Gram Pradhan is elected.

10. The Counsel for the Gram Pradhan has tried to argue that till the time, an order of removal is not passed under Section 95(1)(g), it cannot be said that the Gram Pradhan is incapacitated to act as Gram Pradhan. Section 95(1)(g) of the U.P. Panchayat Raj Act is quoted below: “95. Inspection – (1) The State Government may – (g) remove a Pradhan, or member of a Gram Panchayat or a Joint Committee or Bhumi Prabandhak Samiti, if he - (i) absents himself without sufficient cause for more than three consecutive meetings or sittings. (ii) refuses to act or becomes incapable of acting for any reason whatsoever or if he is accused of or charged for an offence involving moral turpitude. (iii) has abused his position as such or has persistently failed to perform the duties imposed by this Act or rules made thereunder or his continuance as such is not desirable in public interest, or (iii-a) has taken the benefit of reservation under sub-section (2) of Section 11-A or sub-section (5) or Section 12, as the case may be, on the basis of a false declaration subscribed by him stating that he is a member of Scheduled Castes, the Scheduled Tribes or the backward classes, as the case may be. (iv) being a Sahayak Sarpanch or a Sarpanch takes active part in politics, or (v) suffers from any of the disqualifications mentioned in Clauses (a) to (m) of Section 5-A; 5 Provided that where, in an enquiry held by such person and in such manner as may be prescribed, a Pradhan or is prima facie found to have committed financial and other irregularities such Pradhan or shall cease to exercise and perform the financial and administrative powers and functions, which shall, until he is exonerated of the charges in the final enquiry, be exercised and performed by a Committee consisting of three members of Gram Panchayat appointed by the State Government.] (gg) * * * (h) * * * Provided that – i- No action shall be taken under Clause (f), Clause (g) except after giving to the body or person concerned a reasonable opportunity of showing cause against the action proposed; ii- * * *”

11. The submission of the the respondent-Gram Pradhan cannot be accepted in view of the plain language of Section 95(1)(g), which prescribes for removal of Gram Pradhan only in the event, the stipulations contained in Section 95(1)(g).

12. In the present case, the disqualification suffered by virtue of statutory injunction contained in Section 6, is absent in Section 95(1)(g) and thus to that extent, the submission of the Counsel cannot be accepted. The stand of the State that on account of pendency of the appeal, the Gram Pradhan is still continuing, is contrary to the mandate of Section 6 of the Act. Thus, the writ petition deserves to be allowed.

13. The respondents are directed to form an Administrative Committee in terms of the prescriptions contained under Section 12(3-A) of the Act forthwith.The same shall be subject matter of the appeal that have been preferred by the Gram Pradhan. 6

14. In case the appeal is decided in favour of the Gram Pradhan, the steps shall be taken in accordance with law.

15. The writ petition is allowed in the above terms. August 20, 2025 akverma [Pankaj Bhatia, J.] ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench