RAJEEV Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Varma, J. One Nasrat Ali Khan, was elected as a Pradhan of the concerned Gram Panchayat. He died on 1. 5. 2007. Consequent upon his death, the vacancy to the office of Pradhan occurred. The District Magistrate, vide order dated 25. 5. 2007 exercising the powers conferred under Section 12j (2) of U. P. Panchayat Raj Act, 1947 (hereinafter to be referred as an Act) nominated the petitioner as Pradhan. It appears that thereafter certain complaints were made by as many as 9 members of Gram Panchayat, with regard to functioning of the petitioner as a nominated Pradhan, whereupon the opposite party No. 3, vide his order dated 12. 7. 2007 cancelled the order dated 25. 5. 2007 and nominated Shri Avtar Singh, i. e. , opposite party No. 5, as a Pradhan. It is the order dated 12. 7. 2007 that is being assailed by the petitioner through the instant writ petition.

(2.) I have heard ShriShobhit Mohan Shukla,learned counsel for the petitioner as well as Shri Rakesh Srivastava, learned standing counsel.

(3.) SECTION 12j of the U. P. Panchayat Raj Act, 1947 reads as follows : Arrangement in temporary uacancy in office of Pradhan.- "where the office of Pradhan is vacant by reason of death, removal, resignation or otherwise, or where the Pradhan is incapable to act by reason of absence, illness or otherwise, the Up-Pradhan shall exercise all powers and discharge all duties of the Pradhan. Where the offices of both, Pradhan and Up-Pradhan. are vacant for any reason whatsoever, or when both, Pradhan and Up-Pradhan are incapable to act for any reason whatsoever, the prescribed authority shall nominate a member of the (Gram Panchayat) to discharge the duties and exercise the powers of the Pradhan until such vacancy in the office of either the Pradhan or the Up-Pradhan is filled in, or until such incapacity of either of the two is removed. "