Arun Kumar v. State Of U.P. Thru. Prin. Secy. Panchayati Raj Lko. And

We have heard Shri J.N. Mathur, learned Senior Advocate assisted by Shri Dwijendra Mishra, Advocate on behalf of the petitioner, learned Standing Counsel appearing for the State – respondents and Shri Gaurav Mehrotra, learned counsel appearing on behalf of respondent no.7. Shri Kuldeep Pati Tripathi, learned counsel along with Abhishek Tiwari appears for Zila Panchayat, Banda. This petition has been filed with the following prayers :- a) To issue writ, order or direction in the nature of Mandamus commanding the opposite party no. 1 to cease the financial and administrative powers of Zila Panchayat Adhyaksh Banda, in the interest of justice. b) To issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 1 the State Government to initiate full fledge enquiry under section 29 of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 for removal of the Zila Panchayat Adhyaksh Banda, in the interest of justice. c) To issue a writ in the nature of Certiorari to quash the impugned tender notices being notification nos. प्ऴ संख्या: 470/पं०रा०िव० यो०/ िज० पं० बाँदा /2025-26 िदनांक 26 जुलाई, 2025 and प्ऴ संख्या: 47 1/15 वािव० यो०/िज० पं० बाँदा /2025-26 िदनांक 26 जुलाई, 2025 (collectively contained as Annexure No.1 to the writ petition) issued by Zila Panchayat, Banda, in the interest of justice. Today when the matter was taken up the learned counsel for the petitioner has filed an application for impleadment praying to implead Zila Panchayat, Banda through its Mukhya Adhikari as opposite party no.8. The impleadment application is allowed. Let necessary incorporation be done in the array of the respondents by the learned counsel for the petitioner today itself. It is the case of the petitioner that he is one of the seven members of the Zila 2 WRIC No. 8612 of 2025 Panchayat, Banda who had made a complaint regarding financial irregularities/ embezzlement committed by opposite party no.7, Zila Panchayat Adhyaksh, Banda in financial years 2021-2022, 2022-2023 and 2023-2024. Copy of the complaint has been filed as Annexure No.2 to the petition. The petitioners made such complaint to the Commissioner who is prescribed Authority but they did not receive any response, therefore, they forwarded a copy of the said complaint to the local member of the Legislative Assembly, Banda who in turn wrote a letter to the Principal Secretary, Panchayat Raj requesting to take cognizance of the complaint of serious financial embezzlement done by Zila Panchayat Adhyaksh. Only thereafter the Commissioner, i.e. Prescribed Authority passed an order on 06.11.2024 constituting a including Additional Commissioner (Administration) Chitrakoot Dham Mandal, Banda, Chief Development Officer Banda, Joint Director Treasury Chitrakoot Dham Mandal, Banda to conduct a Preliminary Enquiry on the charges of corruption. three member committee three member Committee submitted The Commissioner, Chitrakoot Dham Mandal, Banda who in turn sent the report along with covering letter to Principal Secretary, Department of Panchayati Raj on 05.02.2025 for taking necessary action. its report on 29.01.2025 The Government, however, did nothing in the matter and petitioner approached this Court in Writ C No.9504 of 2025 in which this Court directed the learned Standing Counsel to seek instructions. After this order was passed on 17.4.2025 and the matter was fixed on 21.04.2025 then on 22.04.2025, the Government took a decision to conduct an enquiry under the U.P. Kshetra Panchayats and Zila Panchayats (Removal of Pramukhs, Up- Pramukhs, Adhyakshas & Uppadhyakshas) Enquiry Rules, 1997 and directed the Commissioner Chitrakoot Dham Mandal to get an enquiry conducted by the District Magistrate. The Commissioner Chitrakoot Dham Mandal, Banda vide his order dated 27.5.2025 appointed the District Collector, Mohaba to conduct a Preliminary Enquiry on the complaint. It is the case of the petitioner that the District Magistrate, Mahoba submitted his Preliminary Enquiry report on 18.6.2025. After such Preliminary Enquiry report was sent by the Commissioner to the Government of U.P. for necessary action on 23.6.2025, the Principal Secretary, Panchayati Raj instead of taking any action under Section 29 of the Adhiniyam of 1961 and ceasing the financial and administrative powers of the Zila Panchayat Adhyaksh till such time he is exonerated of all charges, issued a show cause notice to the opposite party no.7 on 25.7.2025 asking for his explanation. The counsel for the petitioner submitted that taking advantage of inaction of Government in complying with the mandate of Section 29 of the Act of 1961 and the Rules of 1997, the Zila Panchayat Adhyaksh has issued notice for inviting tenders for 55 projects on 26.7.2025. The amount mentioned in the tender notices is more than Rs.180000000/-. A complaint was submitted to the Commissioner, Chitrakoot Dham Mandal, Banda again by some members of the Zila Panchayat who directed the District Magistrate, Banda to enquire the complaint with regard to the issuance of tender notices by the 3 WRIC No. 8612 of 2025 Adhyaksh, Zila Panchayat during the pendency of the proceedings before the State Government. The District Magistrate, Banda submitted his recommendations on 12.8.2025 saying that these tender notices have been issued on the basis of supplementary Karya Yojana which was approved in the meeting of Zila Panchayat on 25.01.2025 and this supplementary Karya Yojana has been prepared only under the signature of the Zila Panchayat Adhyaksh. There are no signatures of Apar Mukhya Adhikari of the Zila Panchayat. It has been argued by the learned counsel appearing for the petitioner that the Chief Development Officer also works as Chief Executive Officer of Zila Panchayat, Banda and he has submitted a report right after the supplementary Karya Yojana was approved on 25.01.2025 by his letter dated 27.01.2025 stating that the meeting of Zila Panchayat, Banda was convened on 25.01.2025 but without their being consensus among the members of the District Development Committee, the meeting was dispensed with by the Panchayat Adhyaksh and no resolution was passed in the meeting held on 25.01.2025. It has been argued by the learned counsel appearing on behalf of the petitioner that after the Preliminary Enquiry has been held and Zila Panchayat Adhyaksh has been found to be prima facie guilty on at least three counts, instead of issuing charge sheet to the Zila Panchayat Adhyaksh the State Government has resorted to asking for an explanation from the Zila Panchayat Adhyaksh and in the meantime the Zila Panchayat Adhyaksh on his own has issued tender notices which if finalized, will cause a burden of more than Rs.180000000/- on public exchequer/ Zila Panchayat Funds. Shri Gaurav Mehrotra on the other hand has pointed out that a supplementary affidavit has been filed by the petitioner bringing on record a letter sent by the Commissioner, Chitrakoot Dham Mandal, Banda to the Principal Secretary, Panchayati Raj on 29.01.2025 bringing on record a recommendation made by the Member of legislative Assembly Sadar, Banda and Chief Development Officer, Banda with regard to the meeting held on 25.01.2025 which makes it apparent that there were 30 members in Zila Panchayat and the minutes of the meeting have been signed by 22 people who had attended the meeting of which 19 were Zila Panchayat members and the remaining 3 were MLAs and MPs of the constituency of Banda. It has also been argued by Shri Gaurav Mehrotra that after the District magistrate had written to the Commissioner on the second complaint made by the petitioner and his colleagues regarding issuance of tender notices by the respondent no.7 during the pendency of inquiry before the State Government, the Commissioner has constituted a two member Committee to supervise the tender process and such two members are the officials of the State Government, i.e., Chief Treasury Officer, Banda and the Executive Engineer PWD Provincial Division, Banda and under their supervision the technical bids were opened on 23.08.2025 and the committee had tabulated the entire procedure for the examination of technical bids and submitted its report by communication made in this regard on 10.9.2025. It has been submitted by the learned counsel for the respondent no.7 that the complaint submitted by the petitioner was not in accordance with Rule 3 and 3 (2) of the 1997 Rules. He has raised several technical objections relating to the maintainability of such complaint which was not supported by any affidavit and which was not verified and the affidavits which were submitted later to the District Magistrate by the Seven members who had signed the complaint were not in accordance with Order VI Rule 15 of the CPC, however, we do not wish to make any observations in this regard as it is 4 WRIC No. 8612 of 2025 evident that the matter is still within the domain of the State Government who has to take a decision on the explanation that the respondent no.7 has given on 13.08.2025. Shri Gaurav Mehrotra has also stated that a supplementary reply is also under preparation and shall be submitted soon to the State Government. It has been argued that the law has been settled by this Court in several cases that the State Government has to apply its own mind and form an opinion with regard to whether a regular inquiry is needed against a sitting Zila Panchayat Adhyaksh as the Zila Panchayat Adhyaksh is an elected member of an elected body and a public representative and the State Government has rightly issued the show cause notice to which the respondent no.7 has submitted his reply. Taking into account the fact that the petitioners are aggrieved mainly by the issuance of tender notices by the respondent no.7 during the pendency of their complaint before the State Government and the Commissioner, Chitrakoot Dham Mandal Gonda the opposite party no.2 has already constituted a supervisory committee of two Government officials to oversee the entire project, we do not find it necessary to issue any directions as prayed for in the relief clause in this writ petition. With regard to the prayer no.1 and prayer no.2 as made in the writ petition we find that it is still within the domain of the State Government to decide whether to initiate a full fledged inquiry under Section 29 of the Adhiniyam of 1961 and the inquiry Rules of 1997 and it is only after the State Government forms an opinion on independent application of mind can any order be passed for ceasing the financial and administrative powers of the Zila Panchayat Adhyaksh, Banda, i.e., opposite party no.7. We dispose of this writ petition with the direction to the State Government to take into account the reply already submitted by the opposite party no.7 and also the supplementary reply which the counsel for the opposite party no.7 has stated before this Court will be filed within one week from today and after evaluating such reply and applying its own independent mind it may form an opinion with regard to whether a regular inquiry is to be initiated against the opposite party no.7. Such opinion be formed as expeditiously as possible, say within a period of eight weeks from the date of submission of supplementary reply. September 12, 2025 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

We have heard Shri J.N. Mathur, learned Senior Advocate assisted by Shri Dwijendra Mishra, Advocate on behalf of the petitioner, learned Standing Counsel appearing for the State – respondents and Shri Gaurav Mehrotra, learned counsel appearing on behalf of respondent no.7. Shri Kuldeep Pati Tripathi, learned counsel along with Abhishek Tiwari appears for Zila Panchayat, Banda. This petition has been filed with the following prayers :- a) To issue writ, order or direction in the nature of Mandamus commanding the opposite party no. 1 to cease the financial and administrative powers of Zila Panchayat Adhyaksh Banda, in the interest of justice. b) To issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 1 the State Government to initiate full fledge enquiry under section 29 of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 for removal of the Zila Panchayat Adhyaksh Banda, in the interest of justice. c) To issue a writ in the nature of Certiorari to quash the impugned tender notices being notification nos. प्ऴ संख्या: 470/पं०रा०िव० यो०/ िज० पं० बाँदा /2025-26 िदनांक 26 जुलाई, 2025 and प्ऴ संख्या: 47 1/15 वािव० यो०/िज० पं० बाँदा /2025-26 िदनांक 26 जुलाई, 2025 (collectively contained as Annexure No.1 to the writ petition) issued by Zila Panchayat, Banda, in the interest of justice. Today when the matter was taken up the learned counsel for the petitioner has filed an application for impleadment praying to implead Zila Panchayat, Banda through its Mukhya Adhikari as opposite party no.8. The impleadment application is allowed. Let necessary incorporation be done in the array of the respondents by the learned counsel for the petitioner today itself. It is the case of the petitioner that he is one of the seven members of the Zila 2 WRIC No. 8612 of 2025 Panchayat, Banda who had made a complaint regarding financial irregularities/ embezzlement committed by opposite party no.7, Zila Panchayat Adhyaksh, Banda in financial years 2021-2022, 2022-2023 and 2023-2024. Copy of the complaint has been filed as Annexure No.2 to the petition. The petitioners made such complaint to the Commissioner who is prescribed Authority but they did not receive any response, therefore, they forwarded a copy of the said complaint to the local member of the Legislative Assembly, Banda who in turn wrote a letter to the Principal Secretary, Panchayat Raj requesting to take cognizance of the complaint of serious financial embezzlement done by Zila Panchayat Adhyaksh. Only thereafter the Commissioner, i.e. Prescribed Authority passed an order on 06.11.2024 constituting a including Additional Commissioner (Administration) Chitrakoot Dham Mandal, Banda, Chief Development Officer Banda, Joint Director Treasury Chitrakoot Dham Mandal, Banda to conduct a Preliminary Enquiry on the charges of corruption. three member committee three member Committee submitted The Commissioner, Chitrakoot Dham Mandal, Banda who in turn sent the report along with covering letter to Principal Secretary, Department of Panchayati Raj on 05.02.2025 for taking necessary action. its report on 29.01.2025 The Government, however, did nothing in the matter and petitioner approached this Court in Writ C No.9504 of 2025 in which this Court directed the learned Standing Counsel to seek instructions. After this order was passed on 17.4.2025 and the matter was fixed on 21.04.2025 then on 22.04.2025, the Government took a decision to conduct an enquiry under the U.P. Kshetra Panchayats and Zila Panchayats (Removal of Pramukhs, Up- Pramukhs, Adhyakshas & Uppadhyakshas) Enquiry Rules, 1997 and directed the Commissioner Chitrakoot Dham Mandal to get an enquiry conducted by the District Magistrate. The Commissioner Chitrakoot Dham Mandal, Banda vide his order dated 27.5.2025 appointed the District Collector, Mohaba to conduct a Preliminary Enquiry on the complaint. It is the case of the petitioner that the District Magistrate, Mahoba submitted his Preliminary Enquiry report on 18.6.2025. After such Preliminary Enquiry report was sent by the Commissioner to the Government of U.P. for necessary action on 23.6.2025, the Principal Secretary, Panchayati Raj instead of taking any action under Section 29 of the Adhiniyam of 1961 and ceasing the financial and administrative powers of the Zila Panchayat Adhyaksh till such time he is exonerated of all charges, issued a show cause notice to the opposite party no.7 on 25.7.2025 asking for his explanation. The counsel for the petitioner submitted that taking advantage of inaction of Government in complying with the mandate of Section 29 of the Act of 1961 and the Rules of 1997, the Zila Panchayat Adhyaksh has issued notice for inviting tenders for 55 projects on 26.7.2025. The amount mentioned in the tender notices is more than Rs.180000000/-. A complaint was submitted to the Commissioner, Chitrakoot Dham Mandal, Banda again by some members of the Zila Panchayat who directed the District Magistrate, Banda to enquire the complaint with regard to the issuance of tender notices by the 3 WRIC No. 8612 of 2025 Adhyaksh, Zila Panchayat during the pendency of the proceedings before the State Government. The District Magistrate, Banda submitted his recommendations on 12.8.2025 saying that these tender notices have been issued on the basis of supplementary Karya Yojana which was approved in the meeting of Zila Panchayat on 25.01.2025 and this supplementary Karya Yojana has been prepared only under the signature of the Zila Panchayat Adhyaksh. There are no signatures of Apar Mukhya Adhikari of the Zila Panchayat. It has been argued by the learned counsel appearing for the petitioner that the Chief Development Officer also works as Chief Executive Officer of Zila Panchayat, Banda and he has submitted a report right after the supplementary Karya Yojana was approved on 25.01.2025 by his letter dated 27.01.2025 stating that the meeting of Zila Panchayat, Banda was convened on 25.01.2025 but without their being consensus among the members of the District Development Committee, the meeting was dispensed with by the Panchayat Adhyaksh and no resolution was passed in the meeting held on 25.01.2025. It has been argued by the learned counsel appearing on behalf of the petitioner that after the Preliminary Enquiry has been held and Zila Panchayat Adhyaksh has been found to be prima facie guilty on at least three counts, instead of issuing charge sheet to the Zila Panchayat Adhyaksh the State Government has resorted to asking for an explanation from the Zila Panchayat Adhyaksh and in the meantime the Zila Panchayat Adhyaksh on his own has issued tender notices which if finalized, will cause a burden of more than Rs.180000000/- on public exchequer/ Zila Panchayat Funds. Shri Gaurav Mehrotra on the other hand has pointed out that a supplementary affidavit has been filed by the petitioner bringing on record a letter sent by the Commissioner, Chitrakoot Dham Mandal, Banda to the Principal Secretary, Panchayati Raj on 29.01.2025 bringing on record a recommendation made by the Member of legislative Assembly Sadar, Banda and Chief Development Officer, Banda with regard to the meeting held on 25.01.2025 which makes it apparent that there were 30 members in Zila Panchayat and the minutes of the meeting have been signed by 22 people who had attended the meeting of which 19 were Zila Panchayat members and the remaining 3 were MLAs and MPs of the constituency of Banda. It has also been argued by Shri Gaurav Mehrotra that after the District magistrate had written to the Commissioner on the second complaint made by the petitioner and his colleagues regarding issuance of tender notices by the respondent no.7 during the pendency of inquiry before the State Government, the Commissioner has constituted a two member Committee to supervise the tender process and such two members are the officials of the State Government, i.e., Chief Treasury Officer, Banda and the Executive Engineer PWD Provincial Division, Banda and under their supervision the technical bids were opened on 23.08.2025 and the committee had tabulated the entire procedure for the examination of technical bids and submitted its report by communication made in this regard on 10.9.2025. It has been submitted by the learned counsel for the respondent no.7 that the complaint submitted by the petitioner was not in accordance with Rule 3 and 3 (2) of the 1997 Rules. He has raised several technical objections relating to the maintainability of such complaint which was not supported by any affidavit and which was not verified and the affidavits which were submitted later to the District Magistrate by the Seven members who had signed the complaint were not in accordance with Order VI Rule 15 of the CPC, however, we do not wish to make any observations in this regard as it is 4 WRIC No. 8612 of 2025 evident that the matter is still within the domain of the State Government who has to take a decision on the explanation that the respondent no.7 has given on 13.08.2025. Shri Gaurav Mehrotra has also stated that a supplementary reply is also under preparation and shall be submitted soon to the State Government. It has been argued that the law has been settled by this Court in several cases that the State Government has to apply its own mind and form an opinion with regard to whether a regular inquiry is needed against a sitting Zila Panchayat Adhyaksh as the Zila Panchayat Adhyaksh is an elected member of an elected body and a public representative and the State Government has rightly issued the show cause notice to which the respondent no.7 has submitted his reply. Taking into account the fact that the petitioners are aggrieved mainly by the issuance of tender notices by the respondent no.7 during the pendency of their complaint before the State Government and the Commissioner, Chitrakoot Dham Mandal Gonda the opposite party no.2 has already constituted a supervisory committee of two Government officials to oversee the entire project, we do not find it necessary to issue any directions as prayed for in the relief clause in this writ petition. With regard to the prayer no.1 and prayer no.2 as made in the writ petition we find that it is still within the domain of the State Government to decide whether to initiate a full fledged inquiry under Section 29 of the Adhiniyam of 1961 and the inquiry Rules of 1997 and it is only after the State Government forms an opinion on independent application of mind can any order be passed for ceasing the financial and administrative powers of the Zila Panchayat Adhyaksh, Banda, i.e., opposite party no.7. We dispose of this writ petition with the direction to the State Government to take into account the reply already submitted by the opposite party no.7 and also the supplementary reply which the counsel for the opposite party no.7 has stated before this Court will be filed within one week from today and after evaluating such reply and applying its own independent mind it may form an opinion with regard to whether a regular inquiry is to be initiated against the opposite party no.7. Such opinion be formed as expeditiously as possible, say within a period of eight weeks from the date of submission of supplementary reply. September 12, 2025 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench