LAWS(ALL)-2010-2-54

PUSHPENDRA KUMAR Vs. STATE OF U P

Decided On February 22, 2010
PUSHPENDRA KUMAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dated 8.1.2010, passed by the learned single Judge in Writ Petition No. 64313 of 2009 Farida v. State of U.P. and Ors..

(2.) Briefly stated, the facts giving rise to the present appeal are as follows:

(3.) It may be mentioned here that in the said Gram Panchayat, there is no elected Up-Gram Pradhan. There are eleven elected Members and two nominated Members of the Gram Panchayat. The question arose as to who should be nominated on the post of Gram Pradhan. According to the petitioner Farida, who is presently arrayed as respondent No. 5 in the present appeal, as the post of Gram Pradhan in question was reserved for a female category candidate, it was unanimously resolved that she should function as officiating Pradhan of gram Shahbazpur Kalan. The papers were transmitted to the District Panchayat Raj Officer, who forwarded it to the District Magistrate, Moradabad, for doing the needful. However, the District Magistrate overruled the proposal and on 16.11.2009 nominated the appellant herein on the post of Gram Pradhan which order was subject-matter of challenge in the writ petition. The learned single Judge relying upon a Division Bench decision of this Court in Udaivir v. State Election Commission of U.P. through its Chairman and Ors.,2009 106 RevDec 151, has held that nomination of the Pradhan in such a contingency should be on the basis of the wishes of the Members of Gram Panchayat. The order dated 16.11.2009 and the consequential order dated 17.11.2009 was set aside and the matter was remitted to the District Magistrate to take a fresh decision in accordance with law.