V.K. Shukla, J. - (1.) PETITIONER has approached this Court, contending therein that the order dated 12.06.2009 is liable to be quashed.
(2.) BRIEF background of the case is that the petitioner had been elected as Pradhan. On 24.04.2009, he was convicted for life imprisonment. The District Magistrate, Banda on account of the Pradhan being confined in jail, proceeded to pass order under Section 12J of the U.P. Panchayat Raj Act, 1947 by making interim arrangement. Petitioner's submission is that he was released on bail vide order dated 21.12.2009 passed by this Court, and after being released on bail, he moved an application before the Block Development Officer, Baberu, Banda to take charge. As no action was being taken, present writ petition has been filed. Sri Anil Tiwari, Advocate, appearing for the petitioner, contended with vehemence that in the present case once petitioner was released on bail, then the interim arrangement ought to have come to an end, and the petitioner should have been handed over charge.
(3.) COUNTERING the said submissions, learned standing counsel, on the other hand, contended that the petitioner had been convicted for life imprisonment on account of his complicity in criminal case involving moral turpitude, as such he is disqualified in terms of Section 5A of the U.P. Panchayat Raj Act, 1947 and he is not entitled to be reinstated as Pradhan.;