Amreshwar Pratap Sahi, Vivek Kumar Birla, J. - (1.) HEARD learned Counsel for the petitioner and the learned Standing Counsel for the respondent. The petitioner was nominated as one of the Members of the Three Member Committee which was an arrangement made by the District Magistrate, Kushinagar in terms of section 9(2) of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 for discharge of the functions of the Pramukh till fresh elections are held. Section 9(2) is extracted hereinunder: - - "Where the office of the Pramukh is vacant, the District Magistrate may, by order, make such arrangement as he thinks fit for the discharge of the functions of the Pramukh, till the Pramukh is elected."
(2.) THE three members who were initially appointed were the petitioner, Sri Sugreev Prasad and Smt. Neeta Yadav. This order dated 31.7.2014 has been substituted by a fresh order on the very next day i.e. on 1.8.2014 whereby one of the members Smt. Neeta Yadav has been retained but the petitioner and Sugreev Prasad have been substituted by Sri Rang Lal and Sri Jalaluddin.
(3.) THE petitioner aggrieved by this alteration made within 24 hours has approached for quashing of the order dated 1.8.2014, and the contention is that the action appears to be at the behest of a local M.L.A. Learned Counsel submits there was absolutely no reason for altering the nomination of the petitioner inasmuch as she did not suffer from any disqualification or even otherwise she is entitled to be part of the committee that had been formed by due application of mind by the District Magistrate on 31.7.2014.;