- (1.) This appeal has been preferred by one Sri Kamta Pal being the respondent in the original writ petition challenging the order passed by the learned single Judge dated 16.3.2010. The sole question involved therein is that whether the prescribed authority, at the time of nomination of a member to hold the office of the Pradhan in absence of elected Pradhan and Up-Pradhan, will exercise the power without considering all pros and cons or taking into account the wishes of the elected members of the Gram Panchayat. Section 12J of U.P. Panchayat Raj Act, 1947 is quoted hereinunder: 12J. 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 ail 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.
(2.) Mr. C.B. Yadav, learned Counsel appearing for the appellant has contended that when law has not prescribed to add or subtract anything with respect to the power of the prescribed authority, the same cannot be directed to be made without any sanction of the Court.
(3.) According to the respondent, ten persons out of thirteen elected members filed their affidavits expressing confidence upon respondent No. 4 herein.;