...S. 12C of the U.P Panchayat Raj Act before the Sub-Divisional Officer on 15-4-1982 and questioned the election of Bechu Ram inter alia on the ground that there had been...justify the election being questioned on one of the grounds mentioned therein. Under S. 12-C of the Panchayat Raj Act, the Prescribed Authority is required to record only summary of evidence. He,...Raj Act, in the light of the Supreme Court decisions under the Representation of the People Act, may not be apt and that it may be...

...were in their decision largely influenced by the secret inquiry.2. Such secret inquiry is not permitted by the provisions of the U.P Panchayat Raj Act. No...doubt according to section 83 of the U.P Panchayat Raj Act, it is the duty of the panchayati adalat to ascertain the facts of every case before it by every means in its power...

...)." 3. Learned counsel for the petitioner submitted that election petition under Section 12-C of U.P. Panchayat Raj Act, 1947 filed by petitioner has been dismissed by respondent No.1...under Section 12-C(6) of U.P. Panchayat Raj Act, 1947 as such writ petition is liable to be dismissed on the ground of alternative remedy. 5. Considering the facts and... challenge the impugned order in revision under Section 12-C (6) of the U.P. Panchayat Raj Act, 1947 before the revisional Court, which shall be decided by the Court...

.... Panchayat Raj Act, 1947. Learned standing counsel has placed the provisions of section 27(3) of U.P. Panchayat Raj Act, 1947 which clearly provides that the order under sub sect...under sub section (3) of Section 27 of U.P. Panchayat Raj Act, 1947 preferably within two weeks from today. In case, if the petitioner files an appeal under sub section (3) of Section 27 within time... Court No. - 5 Case :- WRIT - A No. - 2425 of 2019 Petitioner :- Kamlesh Bahadur Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar...

.... 95 of U.P Panchayat Raj Act by way of Uttar Pradesh Panchayat Raj (Amendment) Act, 1998 (hereinafter referred to as U.P Act No. 21 of 1998) in contravention o...election petition under S. 12-C of U.P Panchayat Raj Act before Prescribed Authority (UP Ziladhikari, Jalesar, Etah), a copy whereof is filed and marked as Annexure-1 to the...sub-sec. (6) of S. 12-C of U.P Panchayat Raj Act, he initiated proceedings by lodging a complaint under S. 95(1)(g)(iii-a) of the said Act and during the pendency of the said en...

...issued under provisions of section 95(1)G U.P. Panchayat Raj Act, 1947 and order dated 10.07.2024 by the District Magistrate, Rampur by which seized the financial and...respondent no.07." 3. It is submitted by learned counsel for the petitioner that although the show cause notice dated 28.8.2024 issued under Section 95(1)G of U.P. Panchayat Raj Act is...Magistrate and the ends of justice would be served in the event, the aforesaid proceedings under Section 95(1)G of the U.P. Panchayat Raj Act are directed to be concluded at the earliest...

...the provisions of U.P. Panchayat Raj Act, 1947 and U.P. Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Enquiry ...ever served on the learned Collector in order to initiate proceeding under U.P. Panchayat Raj Act, 1947 read with U.P. Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Enquiry R...merits of the case as mentioned in the present writ petition, with liberty to the petitioner to move an appropriate application/complaint, under the relevant provisions of U.P. Panchayat Raj Act, 1947...

...the appeal on the preliminary question that notice under Section 106, U.P Panchayat Raj Act was mandatory and set aside the order of the trial court and hence the second...appeal by plaintiff-appellant.4. Heard learned counsel on either side and perused the record.5. The learned counsel for plaintiff-appellants contended that U.P Panchayat Raj Act had...been passed in 1947 while U.P.Z.A and L.R Act came into force in 1952. The learned counsel contended that the provision of Section 106, U.P Panchayat Raj Act did...

...Panchayat Raj Act, 1947, are ultra vires of the legislature inasmuch as the U.P Legislature had no power to legislate on this subject. Learned counsel referred to the preamble of the U.P Panchayat..., 1935.6. The mere fact that the preamble did not mention that the U.P Panchayat Raj Act was being enacted also for the purpose of constituting village courts and laying down a special...the List III of Schedule VII.7. The U.P Panchayat Raj Act, having been cased by the U.P Legislature, was reserved by the Government for assent of the Governor General and received the...

...argued that first proviso to Section 95(1)(g) of U.P Panchayat Raj Act, 1947 contemplates that where, in an enquiry held by such person and in such manner as may be prescribed..., Smt. Krishna Devi v. Government of U.P, through Secretary, Panchayat Raj Anubhag, U.P, Lucknow, decided on 29.9.2003 since the cessation of Pradhan'...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...

...11a(2) and section 12(5) of the u.p. panchayat raj act, 1947. Aggrieved by the said order Ajay Kumar Gupta filed writ petition No. 56084 of 2011. The matter was considered by the learned...) of the u.p. panchayat raj act, 1947 as he has contested the election on a forged caste certificate and his election, therefore, could only be set aside through an election petition. The learned...Halwai and the order of the District Magistrate was passed under section 95(1)(g)(iii-a) of the u.p. panchayat raj act, 1947 was absolutely correct. Shri S.D. Kautilya has...

.... P.C for interfering with an order passed in a criminal case by a Nyaya Panchayat constituted under the U.P Panchayat Raj Act, 1947 or by the court of revision prescribed by the said Act...impugned orders.5. After hearing the learned counsel for the parties I am of the opinion that the objection raised by the other side is perfectly valid. The U.P Panchayat Raj Act is a...self contained and exhaustive legislation laying down the procedure which is to be followed in cases to be handled by the Nyaya Panchayats, S. 83(1) of the U.P Panchayat Raj Act, 1947...

...premises. What the petitioners in the High Court were seeking was reorganisation of panchayats as contemplated by Section 11-F of the U.P Panchayat Raj Act, 1947 and not any relief regarding delimitation of...territorial constituencies for election of members as mentioned in Section 12(1)(d) of the Act, though it may be a consequence. Shri Rakesh Dwivedi, learned Senior Counsel appearing for the State of...with delimitation of the seats of gram sadasyas (members of the Gram Panchayat) does not satisfy the grievance raised by the petitioners, the petitioners are allowed the liberty of moving the High Court...

...been filed by the petitioner alleging that after creation of a separate area under Section 11-F of the U.P. Panchayat Raj Act, seven persons, who were elected, had incurred disqualification by virtue...of statutory provisions contained in Section 6 of the U.P. Panchayat Raj Act. It is stated that the issue of disqualification incurred by virtue of Section 6 has to be decided by the Prescribed...Authority under Section 6-A of the U.P. Panchayat Raj Act. 3. The Counsel for the petitioner argues that the prescribed authority for taking a decision under Section 6-A of the...

...25th May, 2011, wherein, in exercise of powers under Section 95(1)(g)(v) of the U.P Panchayat Raj Act he has held that petitioner was under-age and disqualified from..., as may be taken in accordance with the provisions of U.P Panchayat Raj Act.7. The District Magistrate cannot enter into the aforesaid disputed issues of fact and to hold that the...Magistrate in exercise of powers under Section 95(1)(g)(v) of the U.P Panchayat Raj Act.8. Reliance has also been placed upon the Division Bench Judgement of this...

...Panchayat Raj Act, which is a self-contained Act with its special procedure, is not sub ordinate to the Board and, therefore, section 219 U.P Land Revenue Act does not a....3. The sections dealing with Revision in the U.P Panchayat Raj Act are sections 71 and 89 and it is no where laid down either in these sections or in any other part of the Act that the Sub...section 435 of the Criminal Procedure Code will not apply even to an order passed by Sub-Divisional Magistrate under the U.P Panchayat Raj ...

...convicted them. Algoo Ram and Kedar filed a revision under Section 89 of the U.P Panchayat Raj Act, 1947 before the Sub-Divisional Magistrate, Phoolpur. The Sub-Divisional.... Thereafter Algoo Ram moved an application for transfer of the case under Section 85 of the U.P Panchayat Raj Act before the Sub-Divisional Magistrate, Phoolpur. By the order...to the said Nyaya Panchayat for disposal again according to law. Relevant portion of Section 59 of the U.P Panchayat Raj Act reads:“59. Certain persons not to be tried. No Nyaya...

...under Section 12 - C of U.P. Panchayat Raj Act. 4. At the very outset, learned Standing Counsel has submitted that petitioner has equally efficacious remedy of challenging the impugned order...before the District Judge under Section 12 - C Sub-Clause 6 of U.P. Panchayat Raj Act. 5. At this stage, learned counsel for the petitioner submits that petitioner may be given liberty to make...an appropriate petition under Section 12 - C Sub-Clause 6 of U.P. Panchayat Raj Act where he will at liberty to take all the pleas available to him assailing the impugned order and appropriate...

...petitioner from the post of Pradhan in exercise of powers under Section 95 (1) (g) of U.P. Panchayat Raj Act, 1947 dated 14th August, 2014 has been upheld. On the matter.... Consequently, in the present case, once the District Magistrate has passed an order in exercise of power conferred under Section 95 (1)(g) of U.P. Panchayat Raj Act, 1947 on.... Panchayat Raj Act, 1947 has proceeded to hold that District Magistrate acts as a Tribunal, in view of this, Special Appeal has been held to be not competent and not maintainable...

...direction in the nature of mandamus to respondent no. 2 to decide the Election Petition no. 11 of 2016 (Ram Ashis v. Santosh Singh), under Section 12-C(1) of U.P Panchayat Raj Act...the U.P Panchayat Raj Act 1947 has to be decided as expeditiously as possible, preferably within 6 months, without unnecessary adjournments, whereas in the present case, the Election Petition...), under Section 12-C(1) of U.P Panchayat Raj Act, 1947, as expeditiously as possible, preferably within six months from the date of production of the certified copy of this...