FARIDA Vs. STATE OF U P

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner questioning the validity of the order dated 16.11.2009 passed by the District Magistrate, Moradabad in exercise of its authority vested under Section 12-J of U. P. Panchayat Raj Act, 1947 and consequential action dated 17.11.2009 undertaken by the District Panchayat Raj Officer, Moradabad.

(2.) Brief background of the case is that there is Gram Panchayat namely Shahbajpur Kalan Vijai Rampur, Post Sharif Nagar, Tehsil Thakur Dwara, District Moradabad. Election for the post of Pradhan was held alongwith members, wherein Smt. Parul Chaudhari was elected as Pradhan and affairs of the said Gram Panchayat is to be carried strictly in consonance with the provision as contained in U.P. Panchayt Raj Act, 1947 and rules framed there under. Smt. Parul Chaudhari, the elected Pradhan proceeded to tender her resignation. Said resignation was duly forwarded by the Block Development Officer, Thakurdwara, District Moradabad, then it was accepted by the competent authority on 12.10.2009, thus giving rise to substantive vacancy of office of Pradhan of Gram Panchayt, Shahbajpur Kalan Vijai Rampur, Post Sharif Nagar, Tehsil Thakur Dwara, District Moradabad. For the said Gram Panchayt, there is no elected Up-Pradhan and said Gram Panchayat consists of 11 elected members and two nominated members. It has been contended by the petitioner that after the acceptance of the resignation of Smt. Parul Chaudhari, as vacancy had occurred, and interim arrangement was to be made in respect of ensuring functioning of the post of Pradhan. Petitioner submits that meeting of the member of Gram Panchayt was called on 20.11.2009, which was attended by the Assistant District Panchayt Raj Officer. Petitioner submits that on the said date as seat in question was reserved for female category candidate, as such was unanimously resolved that-potitioner be asked to function as officiating Pradhan of aforesaid Gaon Sabha. Petitioner submits that said resolution had been passed, papers were transmitted through District Panchayt Raj Officer to District Magistrate, Moradabad. Petitioner submits that with utmost surprise of the members of the Gram Panchayt, ignoring the wishes of the of majority member of the Gram, Panchayat, District Magistrate over ruled the said resolution and on. 16.11.2009 order has been passed 'Anumodit' Pushpendra,respondent no.5 as Pradhan of aforesaid Gaon Sabha. At this juncture present writ petition has been filed.

(3.) Supplementary counter affidavit has been filed and therein it has been sought to be contended that nomination of the contesting respondents Pushpendra has been made by District Magistrate after considering each and every relevant fact and circumstances of the case. It has been contended that resolution, which have been relied by the petitioner is forged documents and fact of the matter is that no resolution had ever been passed, in this background it has been contended that District Masticate has taken into account qualification of the contesting respondent, who is post graduate and then such nomination has been made.