SAVITRI Vs. STATE OF U P

JUDGEMENT

(1.) RAJES Kumar, J. Heard learned Counsel for the parties.

(2.) LEARNED Counsel for the petitioner submitted that Smt. Harviri wife of Bhullan Singh was elected as Pradhan of Gram Panchayat, Valid pur Vikas Khand Daurala District Meerut, died on 2. 2. 2007. After her death, District Magistrate vide order dated 27. 2. 2007 nominated Smt. Munni Devi wife of Suresh Singh to exercise power of Gram Pradhan, Thereafter, vide order dated 15. 1. 2008 in place of Smt. Munni Devi wife of Surendra Singh, Smt. Savitri wife of Bhanwar singh member Gram Panchayat has been nominated. Again by impugned order dated 30. 1. 2002 the order dated 15. 1. 2008 has been cancelled and the order dated 27th February 2007 nominating Smt. Munni Devi wife of Surendra Singh has been restored. He submitted that though on the death of Gram Pradhan and in the absence of Up-Pradhan Collector has power under Section 12-J of the U. P. Panchayat Raj Act to nominate any member of Gram Panchayat to discharge duty and exercise the power of Pradhan, until such vacancy in The office either the Pradhan or Up-Pradhar is filled in, but the said power may be exercised judicially and not arbitrary. He submitted that in the present case, the District Magistrate while nominating the member to exercise the power of Pradhan has not acted judicially and has arbi trary cancelled the order dated is 15. 1. 2008 and restored the order dated 27. 2. 2007 giving no reason whatsoever.