SHYAMU Vs. STATE OF UP

JUDGEMENT

(1.) The appellant is aggrieved by the order of the learned Single Judge dated 06.05.2010, whereby the petition filed by respondent No. 5 against the order dated 16.12.2009 passed by the District Magistrate, Sant Kabir Nagar in exercise of the powers conferred under Section 12-J of the U.P. Panchayat Raj Act, 1947, authorising the appellant herein to exercise the powers of the Pradhan of Village Shiv Bakhari, Vikas Khand Pauli, Tehsil Dhanghata, District Sant Kabir Nagar, has been disposed of with a direction to the District Magistrate, Sant Kabir Nagar to convene a meeting of the elected members of the said village and to take appropriate decision in respect of the interim arrangement. The Single Judge has, however, permitted the appellant to continue on the post of Pradhan till fresh arrangement is made, as directed by the learned Judge.

(2.) It is submitted on behalf of the appellant that the order passed by the learned Single Judge is ex parte, without giving an opportunity to the appellant and, therefore, on this ground itself, the order impugned is liable to be set aside.

(3.) On the other hand, on behalf of the respondents, it is submitted that the view taken in Udaivir (supra) has affirmed the view of the learned Single Judge in Smt. Usha Singh (supra), though there is no direct reference to Smt. Usha Singh (supra). It is further submitted that the attention of the learned Judge, who decided the case of Smt. Kusma Devi (supra), was not invited to the judgment of Udaivir (supra). Considering the above, as the Division Bench of this Court has upheld the view taken in Smt. Usha Singh (supra), the judgment of the learned Judge cannot be faulted.