MOHD. HUSSAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the record.

(2.) This petition has been filed challenging the order dated 14.05.2020 passed by the District Magistrate, Shravasti, by means of which he has appointed the Opposite Party no.5-Bechan on the post of Village Pradhan without holding a meeting of the elected members of the Gram Panchayat Raniseer, Block and District Shravasti.

(3.) It has been submitted by the learned counsel for the petitioner that the elected Gram Prahdan Nanku Verma left for his heavenly abode on 23.03.2020, as a result of which the office of Gram Pradhan in the village concerned was left vacant. Under the Rules, the election has to be held for the post of Regular Pradhan before expiration of six months time from the date of such vacancy, and in the meantime, an officiating Gram Pradhan has to be appointed by the District Magistrate. There are 15 elected members of the Gram Panchayat including the petitioner, out of which one member of Gram Panchayat is also no more, and now at present 14 members are available. As per Sec. 12-J of the U.P. Panchayat Raj Act, the Prescribed Authority nominates a member of the Gram Panchayat to function as Gram Pradhan until the office of the Gram Pradhan is regularly filled up. The Authority has to ask the elected members of the Gram Panchayat to hold a meeting and such members should decide among themselves which member should be nominated as Pradhan for the interim period. However, the Opposite party no.2 for the reasons best known to him, appointed opposite party no.5 straightway for officiating as Gram Pradhan. The petitioners being elected members of the Gram Panchayat, approached the District Magistrate, Shravasti, through a Representation dated 19.05.2020, requesting for cancellation of the order dated 14.05.2020 and for appointing Pradhan through a meeting of the Panchayat members after considering the majority opinion. However, no heed was paid, therefore, this petition has been filed.