The background in which the dispute arose appears to be the availability of a huge amount of funds for the Zila Panchayat from the State Finance Commission through the communication dated 27.02.2015. The Zila Panchayat had already passed resolution Nos.4 and 5 on 27.12.2014 for utilization of the grants that were proposed to be made available to the Zila Panchayat for 78 projects. Part of the grant was utilized on being approved after following the due process of tender and award of contracts. For the other projects the tenders and contracts are stated to have been approved by the Chairman where after an advertisement was published in two local newspapers as well as other newspapers of repute inviting tenders bids. Permission was sought from the competent authority through proper channel namely the Chief Development Officer and during this period a query was made by the respondent No.2 that is the Collector in relation to publishing of such tenders and award of contracts. The petitioner urges that even before any reply could be submitted to the query the District Magistrate passed an order sitting in office on a second Saturday that is 08.08.2015 that is officially not a working day alleging that she had received some complaints that the funds are to be misutilized for award of such contracts which have already being executed by adopting dubious methods of splitting the amount of such contracts. She therefore imposed a restraint on the opening of the tenders through the order dated 08.08.2015 and 10.08.2015 appointing a three Member Committee to enquire into the said allegations. A three Member Committee was accordingly appointed to make a fact finding inquiry with regard to the said process having been adopted upon which the matter was inquired into and a report is said to have been submitted. It is in this background that the Upper Mukhya Adhikari sent a letter dated 10.08.2015 stopping the entire tender process pursuant to the impugned orders of the District Magistrate. A representation was filed by the Chairperson alleging that this was being done on account of an alleged political rivalry and personal malice as the Chairperson had contested the election against Sh. Rakesh Yadav son of a Minister in the State Government Sh. SP Yadav and therefore in order to impede the functioning and carrying out of the execution work of the Zila Panchayat this method was adopted and the District Magistrate Collector surrendered her jurisdiction in favour of such persons so as to annul the aforesaid tender process. This writ petition was filed and an interim order for holding the tenders in custody was passed by the Division Bench that had entertained the writ petition on 01.09.2015. The petition proceeded on the aforesaid allegations and affidavits were exchanged. When the matter appeared before us upon hearing Learned Counsel and the Court were faced with the question with regard to the availability of the power with the District Magistrate to proceed in the matter as indicated in our order dated 15.10.2015. Submit