GULAB SINGH Vs. LT GOVERNOR

JUDGEMENT

(1.) Rule D. B.

(2.) The challenge in this petition under Article 226 of the Constitution of India is to the Additional District Magistrate-cum-director by which the Sub-Divisional Magistrate was conveyed the order of the Lt. Governor, Delhi appointing Shri Surjan Singh, a member of Panchayatas Acting Pradhan of Gaon Panchayat Kakrola, Najafgarh Block, Delhi. The sub-Divisional Magistrate was further ordered to deliver charge of the office of the Pradhan of Gaon Panchayat Kakrola to Shri Surjan Singh.

(3.) The challenge to the above order is by Shri Gulab Singh who is the Up Pradhan of the Gaon Panchayat, Kakrola. Shri Chander Singh was the Pradhan of the Gaon Sabha. Shri Chander Singh died on 15/10/1986. According to the respondents a resolution was passed by the Gaon Panchayat expressing no confidence in the Up-Pradhan and the Gaon Panchayat had further passed a resolution to the effect that Shri Surjan Singh be appointed as acting Pradhan of the Gaon Panchayat, the impugned order does not show that the Lt. Governor had passed the order appointing Shri Surjan Singh,. Member Panchayat as the Acting Pradhan on the basis of the resolution passed by the Gaon Panchayat. The Notification simply states that the Lt. Governor is pleased to appoint Shri Surjan Singh, Member Panchayat as Acting Pradhan; of Gaon Panchayat Kakrola.