V.K. Shukla, J. - (1.) IN the present case, pradhan of village died on 1.1.2010. District Magistrate, Ballia in exercise of authority vested under Section 12J(2) of U.P. Panchayat Raj Act, 1947, nominated Lallan Prasad Verma to function as officiating Prahdan. At this juncture present writ petition.
(2.) SRI . S.K. Pandey, 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 Suneet Kumar, Advocate 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 Aadar, Block Beruarbari, Tehsil Bansdih, District Ballia. On account of death of Gram Pradhan on 1.1.2010, 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 Lallan Prasad Verma 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.;