- (1.) In the present case petitioner is questioning the validity of the action taken in respect of nomination of Smt. Phoola Devi as Officiating Pradhan of Gram Panchayat, Paliya Tekdhar, Block Nawgarh Tehsil Shoratgarh District Siddharthnagar.
(2.) Brief background of the case is that one Anil Kumar Pandey was Pradhan of the aforesaid Gram Panchayat and he tendered his resignation in November, 2009. Petitioner's contention is that once office of Pradhan had fallen vacant then officiating arrangement is to be made after taking into account the majority wish of the members of Gram Panchayat concerned. Petitioner has contended that he and one Arvind Kumar were interested in filing nomination and thereafter without calling for any meeting of the Members of the Gram Panchayat on 30.01.2010 arrangement has been 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;