MOHD YASIN KHAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Counsel for the petitioner and learned Standing Counsel.

(2.) BY this writ petition the petitioner has prayed for quashing the order dated 3rd September, 2007 by which the petitioner's authorization/nomination to work as Pradhan has been withdrawn.

(3.) THE Pradhan of the village died on 30th April, 2007 causing a vacancy. Exercising power under section 12-J (2) of U. P. Panchayat Raj Act, 1947 an order was passed by District Magistrate on 13th June, 2007 nominating the petitioner to discharge the duties of the Pradhan, copy of the said order has been filed as Annexure-2 to the writ petition. The order itself indicates that the nomination of the petitioner was purely temporary and can be withdrawn without any notice. Subsequently the District Magistrate by the impugned order dated 3. 9. 2007 has withdrawn the nomination of the petitioner and appointed another person to function as Pradhan.