ANWARI Vs. STATE OF U P AND ORS

JUDGEMENT

(1.) In the present case, petitioner is questioning the validity of the action dated 13.02.2010 wherein District Magistrate, Rampur in exercise of its authority under Section 12-J(2) of U.P. Panchayat Raj Act, 1947 has proceeded to nominate Ram Charan, respondent No. 5 to function as officiating Pradhan until further alternate arrangements are made.

(2.) Petitioner' grievance is that at no point of time after said vacancy has occurred of the office of Pradhan on account of death of Pradhan on 31.12.2009, any meeting has been convened whereas meeting ought to have been convened of member of Gram Panchayat and then as per majority opinion, nomination ought to have been made and here straight way nomination had been made, which is nothing but arbitrary exercise of power.

(3.) Short counter affidavit has been filed through Sri B.K. Pandey, Advocate, counsel for the respondents on the other hand contended that eight members of Gram Panchayat gave in writing that Ram Charan should be nominated as officiating Pradhan and affidavits have also been filed and looking into majority view, such opinion have been formed.