KAMTA PAL Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred by one Sri Kamta Pal being the respondent in the original writ petition challenging the order passed by the learned single Judge dated 16.3.2010. The sole question involved therein is that whether the prescribed authority, at the time of nomination of a member to hold the office of the Pradhan in absence of elected Pradhan and Up-Pradhan, will exercise the power without considering all pros and cons or taking into account the wishes of the elected members of the Gram Panchayat. Section 12J of U.P. Panchayat Raj Act, 1947 is quoted hereinunder:

(2.) Mr. C.B. Yadav, learned Counsel appearing for the appellant has contended that when law has not prescribed to add or subtract anything with respect to the power of the prescribed authority, the same cannot be directed to be made without any sanction of the Court.

(3.) According to the respondent, ten persons out of thirteen elected members filed their affidavits expressing confidence upon respondent No. 4 herein.