USHA SINGH Vs. DISTRICT MAGISTRATE GORAKHPUR

JUDGEMENT

(1.) I have heard the counsel for the Petitioner and the standing counsel for Respondent No. 1 to 4. I am proceeding to dispose of this petition finally in accordance with the Rules of the Court.

(2.) IN the election to the Gaon Sabha, Jungle Rani Subhash Kunwari, Gorakhpur Amar Singh was elected as Pradhan, and Jokhu, Respondent No. 5 was elected as Up Pradhan. Amar Singh died on 21 -12 -1991, and it is alleged that thereafter a meeting of the Gaon Panchayat was held on 31 -12 -1991 to consider the situation which arose due to the death of Amar Singh. In this meeting Jokhu, Respondent No. 5 was also present. A resolution was passed in this meeting wherein it was stated that since Jokhu is an illiterate person, and is not in a position to make his signature, he will be incapable to perform the duties of Pradhan, and hence the officiating charge of the office of Pradhan may be given to the Petitioner. This resolution was alleged to have been passed unanimously, and it also purports to bear the thumb impression of Jokhu, Up Pradhan. A true copy of the said resolution is annexure -1 to the writ petition.

(3.) IN para 9 of the writ petition the Petitioner has stated that she took the certified copy of the order of this Court dated 24 -1 -1992, and produced it before Respondent No. 1 on 29 -1 -1992 with a request to pass appropriate orders Similar applications have also been moved to Respondent Nos. 2 to 4. Subsequently, the Petitioner came to know that some order has been passed by the District Magistrate on 24 -1 -1992 authorising Jokhu, Respondent No. 5 to take over charge of post of Pradhan. A true copy of the said order is annexure -5 to the writ petition. This order has been passed under Section 12 -J of the U.P. Panchayat Raj Act.