BABUNDAR SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) An election for the post of Gram Pradhan of the village in question was held on 17.8.2005 in which one Rajesh Rai was elected as Gram Pradhan. On 2.10.2005 said Rajesh Rai was murdered and thereby a vacancy occurred on account of the death of Gram Pradhan of the Gram Sabha Balua Tappa Kathaut (Hariharpur), Block Mohammadabad, district Ghazipur. Thereafter on 23.2.2006 the respondent No. 5, District Panchayat Raj Officer, Ghazipur has passed an order appointing a Committee to carry on the development work of the village as provided under the U.P. Panchayat Raj (Election of Members, Pradhans and Up-Pradhans) Rules, 1994. This writ petition has, thus, been filed for quashing the order dated 23.2.2006 passed by respondent No. 5 and also for a direction in the nature of mandamus directing the respondents to hold the election of the Gram Pradhan of the village in question, within a stipulated period as may be fixed by this Court.

(2.) I have heard Sri Gyanendra Kumar Singh, learned Counsel appearing for the petitioner as well as learned standing counsel appearing for the State-respondents. With consent of learned Counsel for the parties, this writ petition is being disposed of without calling for a counter-affidavit.

(3.) Rule 14 of the U.P. Panchayat Raj (Election of Members, Pradhans and Up-Pradhans), Rules, 1994 (in short Rules of 1994) provides that the general election of the Gram Pradhans ought to be held by the District Magistrate in accordance with the directions of the State Election Commission. Rule 115 of the Rules, which relates to bye elections, provides that in case of a casual vacancy in the office of Pradhan, the District Magistrate shall, as soon as may be, appoint the, date, time and place for various stages of bye-election in accordance with Rule 14.