LALLAN PRASAD VERMA Vs. STATE OF UP

JUDGEMENT

(1.) This special appeal is arising out of the judgment and order passed by the learned Single Judge on 6th of April, 2010 in Civil Misc. Writ Petition No. 18406 of 2010, whereunder the writ petition was dismissed by holding that there is no material irregularity on the part of the District Magistrate in holding the meeting in the Vikas Bhawan, which is 21 kms. away from the place of concerned Gram Panchayat in which the writ petitioner-appellant himself has participated. By challenging the order impugned in this appeal, learned Counsel appearing for the writ petitioner-appellant, has submitted that the appellant was earlier nominated as Pradhan, but by subsequent action, now respondent No. 4 has been nominated as Pradhan in such meeting.

(2.) The moot point for consideration is as to whether calling of meeting by the District Magistrate at Vikas Bhawan was appropriate or not. In support of this contention, learned Counsel appearing for the writ petitioner-appellant, has relied upon Section 12-B of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as 'the Act, 1947') , which is as follows:

(3.) Section 12-J of the Act, 1947, provides for making arrangement to fill up temporary vacancy of the office of the Pradhan, which is as follows: