V.K. Shukla, J. - (1.) PETITIONER claims that he is elected member of Gram Panchyat Sikari Char Hissey, Tehsil Fatehpur Sikari, District Agra. Petitioner has stated that elected Pradhan Mihilal died on 15.11.2009. Thereafter, District Magistrate, Agra in exercise of authority vested under Section 12 -J(2) of U.P. Pancnayat Raj Act, 1947 proceeded to nominate Ramesh Chandra Baghel, respondent No. 4 as officiating Pradhan on 15.1.2010. Petitioner submits that thereafter representation was moved contending therein that majority members favour to the nomination of petitioner as officiating Pradhan, in such a situation and in such background such nomination could not have been made. Petitioner submitted that thereafter on 19.1.2010 order has been passed putting restriction on the financial power of officiating Pradhan. Thereafter, order has been passed revoking the order dated 19.1.2010 and permitted Ramesh Chandra Baghel to continue as officiating Pradhan. Petitioner has contended that without convening any meeting of the members of the Gram Panchayat to ascertain their wishes, officiating arrangement has been made, and as such action, which has been taken is unsustainable and officiating arrangement is percy bad.
(2.) SRI R.D. Singh, 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.;