V.K. Shukla, J. - (1.) IN the present case, Pradhan of village Gauripur, Jawaharnagar, Tehsil Baghpat, District Baghpat died on 22.10.2009, on account of which vacancy occurred on the office of Pradhan. On 4.11.2009 District Magistrate proceeded to nominated Raju to function as officiating Prahdan. Said order is subject matter of challenge before this Court contending therein that petitioner is having majority support of member of Gram Panchayat i.e. 9 members, out of 13 members and wishes of the members have been ignored.
(2.) SRI Raj Kumar Dhama, Advocate, learned Counsel for petitioner contended with vehemence that in the present case, at no point of time, petitioner had ever given up office of pradhan and as such arrangement, which has been made is unjustifiable arrangement. Countering the said submission, learned Standing Counsel as well as Sri Santosh Kumar Srivastava, Advocate on the other hand contended that rightful arrangement has been made, as such no interference be made. At this juncture Section 12J 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.
(3.) SAID provision in question has been subject matter of interpretation before this Court and this Court in the case of Usha Singh (Smt.) v. District Magistrate, Gorakhpur : 1992 RD 337 has opined that nomination of a person as Gram Pradhan by the District Magistrate/Prescribed Authority is arbitrary if it is not made by the consent of the member of the Gram Panchayat. Paragraph 6 of the judgment is as under:;