V.K. Shukla, J. - (1.) IN the present case, petitioner's contention is that elected Pradhan of village died on 26.3.2010. Petitioner submits that thereafter, interim arrangement has to be made in exercise of authority vested under Section 12 - J (2) of U.P. Panchayat Raj Act, 1947. Petitioner is elected member of Gram Panchayat Barethar Khurd, Block Kjajuwa, Tehsil Bindki, District Fatehpur, has contended that at no point of time any meeting of member of Gram Panchayat had ever been convened to ascertain the wishes of the member of aforesaid Gram Panchayat. Contention of petitioner is that as officiating arrangement is to be made, then at this juncture District Magistrate was obliged to convene meeting in order to ascertain wishes of majority member of Gram Panchayat and then based on the same opinion ought to have been made in this direction, but same has not been done. At this juncture present writ petition has been filed.
(2.) SRI . Vishal Khandelwal, Advocate, learned Counsel for the petitioner contended with vehemence that in the present case, District Magistrate has not at all called meeting of the elected member of Gram Panchayat , to ascertain as to who should function as Pradhan as per the majority wish expressed, as such action taken deserves to be set aside. Countering the said submission, learned Standing Counsel as well as Sri R.B. Singh on the other hand contended that rightful action has been taken by the District Magistrate while making temporary arrangement, keeping in view the majority view.
(3.) AFTER respective arguments have been advanced, undisputed factual position is that petitioner is member of Gram Panchayat Panchayat Barethar Khurd, Block Kjajuwa, Tehsil Bindki, District Fatehpur. On account of death of Gram Pradhan on 26.3.2010, as an interim arrangement a member of the Gram Panchayat was to be nominated to function as officiating Pradhan of aforesaid Gram Panchayat. Petitioner submits that without verifying the majority view of member of Gram Panchayat in arbitrary exercise of discretion, the District Magistrate has nominated Smt. Rampati to function as Pradhan of the village. Once democratically elected office has fallen vacant, then interim arrangement also has to be made, qua the democratic process alone.;