SHYAM KARAN Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 16.3.2012 passed by the District Magistrate, Jalaun at Urai, respondent No. 2, in terms of the directions of this Court in Writ Petition No. 3994 of 2004, Shyam Karan Versus State of U. P. and others dated 20.1.2012.

(2.) The case of the petitioner is that the elected Pradhan was convicted in a criminal case and sentenced to life imprisonment and thereupon the competent authority in exercise of powers under Section 12 J of the U. P. Panchayat Raj Adhiniyam, 1947, nominated the petitioner to look after the functions of the Pradhan by order dated 5.8.2011. It was also made clear that this arrangement was purely temporary and could be cancelled at any time without notice.

(3.) From a perusal of the documents on record, it will be seen that the order dated 5.2.2011 was purely in exercise of powers under Section 12J of the U. P. Panchayat Raj Adhiniyam, 1947. In the mean time, a writ petition being Writ Petition No. 59838 of 2011 (Mansha Ram Vs. State of U. P. and others) was filed wherein, the Court by its order dated 28.11.2011 directed the District Magistrate would require to obtain the will of the remaining members of the Gram Panchayat for the purposes of appointment of temporary Gram Pradhan for the period the elected Pradhan is confined in prison.