V.K. Shukla, J. - (1.) IN the present case on account of death of Pradhan, District Magistrate, Badaun in exercise of authority vested under Section 12J of U.P. Panchayat Raj Act, 1947, nominated Harish Chandra son of Sri Durjan as officiating Pradhan, without calling any meeting of the members of Gram Panchayat and without obtaining majority wish to be expressed by the member of Gram Panchayat. In pith and substance petitioner is complaining that officiating arrangement made, is pierce bad.
(2.) SRI S.P. Giri, Advocate, learned Counsel for petitioner contended with vehemence that in the present case, at no point of time, wishes of member of Gram Panchayat has been ascertained, as such arrangement, which has been made is unjustifiable arrangement. Countering the said submission, learned Standing Counsel on the other hand contended that rightful arrangement has been made, as such no interference be 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.;