V.K. Shukla, J. - (1.) PETITIONER claims that he is elected member of Gram Panchayat Pahari Bujurg and has further stated that Smt. Juju was elected as a Gram Pradhan, has died on 6.5.2010. Petitioner has stated that thereafter, District Magistrate on 10.6.2010 in exercise of authority vested under Section 12 -J of U.P. Panchayat Raj Act, 1947 without calling any meeting of member of Gram Panchayat , nominated Smt. Chunni to function as Gram Pradhan for the interregnum period. Petitioner submitted that thereafter, Smt. Chunni has also died on 19.6.2010 and thereafter, no meeting whatsoever has been convened by the prescribed authority for nominating the officiating Pradhan as per majority wish to be expressed by the member of Gram Panchayat. In pith and substance petitioner is complaining that officiating arrangement should be made at the earliest.
(2.) SRI Rishi Kant Rai, Advocate, learned Counsel for petitioner contended with vehemence that in the present case, at no point of time, wishes of member of Gram Panchayat has been ascertained, as such arrangement, which has been made is unjustifiable arrangement. Countering the said submission, learned Standing Counsel on the other hand contended that rightful arrangement has been made, as such no interference be made.
(3.) AT this juncture Section 12 -J of the Act, which deals with making of arrangement in temporary vacancy in the office of Pradhan is being extracted below: 12 -J Arrangement in temporary vacancy in the office of Pradhan: (1) 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. (2) 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.;