In a notable decision reinforcing the procedural requirements for removing local leaders, the Allahabad High Court’s Lucknow Bench ruled that a District Magistrate cannot remove a Gram Pradhan based solely on a spot inspection report from the Enquiry Officer. The Court highlighted the mandatory observance of the Uttar Pradesh Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997, asserting that a detailed and formal inquiry process is essential to ensure fairness and transparency.
The case, Writ Petition No. 7170 of 2024, was brought by Sangeeta Devi, the Gram Pradhan of Arakha, Raebareli district, who challenged her removal following allegations of financial misappropriation. The complaint was initiated by local villagers and led to a show-cause notice from the District Magistrate after a preliminary inquiry. The petitioner was represented by advocates Rakesh Kumar Srivastava, Abhishek, and Durgesh Mishra, while the State was represented by a Standing Counsel.
Background of the Case
Sangeeta Devi was elected as Gram Pradhan of Arakha village, Unchahar block, Raebareli district. Villagers, including Sunil Kumar and Rakesh Kumar, accused her of misusing public funds designated for development work. Acting on these complaints, the District Magistrate launched a preliminary inquiry, leading to a final inspection on March 14, 2024, by a three-member committee appointed by the District Magistrate.
Without a formal charge sheet or a comprehensive inquiry, the District Magistrate issued an order on July 26, 2024, removing Devi from her position. Devi then filed a writ petition contesting the removal, arguing that the procedure violated the UP Panchayat Raj Enquiry Rules, which mandate a structured inquiry process, including issuing specific charges and allowing a defence.
Legal Issues Raised
The Court examined whether the District Magistrate followed the UP Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997, which establish a strict process for inquiries involving elected village leaders:
1. Requirement for Formal Charge Sheet: According to Rule 6, a formal charge sheet with specific articles of charge and a list of witnesses and documents must be issued to the Pradhan. The inquiry process requires an opportunity for the Pradhan to submit a defense and participate in hearings, as observed in earlier rulings, including Quadri Begum vs. State of U.P. and Mahendra Singh vs. State of U.P..
2. Substantive Inquiry Over Spot Inspection: The petitioner’s counsel argued that the removal order was based solely on an Enquiry Officer’s spot inspection without a formal inquiry as mandated by the Rules. Precedents in similar cases, including Pushpa vs. State of U.P. and Shaukat Hussain vs. State of U.P., emphasize that spot inspections cannot replace the in-depth inquiry required by Rule 6.
3. Principles of Natural Justice: The petitioner contended that the removal, based on a limited inspection, violated natural justice. The High Court underscored that procedural safeguards are essential to avoid arbitrary decisions, ensuring that elected representatives are not unjustly deprived of their positions.
Court’s Observations and Decision
In its ruling, Justice Manish Kumar Nigam found that the District Magistrate’s decision was procedurally flawed, as no formal charge sheet or structured inquiry had been conducted. The judge noted, “Democracy in our country begins at the grassroots level with elections of Gram Pradhans… a democratically elected Pradhan should not be removed based on the whims and fancies of the authorities.” The Court reiterated that an elected official’s removal requires adherence to due process under the UP Panchayat Raj Rules.
The Court ordered that:
1. The July 26, 2024 removal order against Sangeeta Devi be quashed.
2. The District Magistrate may initiate a new inquiry in compliance with the Rules, appointing an Enquiry Officer and adhering to the procedure outlined in Rule 6.
3. The inquiry be completed within three months, during which time a three-member committee will manage the village’s administrative functions.
