RAKESH TIWARI, J. - (1.) HEARD Counsel for the petitioner and the Standing Coun­sel.
(2.) ELECTION of Gram Panchyayat of Chak Bahuddinpur, Block Paridah, district Ballia was held in August, 2005, in which one Sri Gokul CKauhan was elected as Pradhan and 11 other persons including the petitioner as members of Gram Panchayat. Elected Pradhan Sri Gokul Chauhan died on 25.7.2008. Information with regard to his death was given by Block Development Officer to the District Magistrate, Ballia, who in exercise of his powers under section 12-J (2) of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act) nomi­nated a three members committee compris­ing of Smt. Durgawati, Sri Inshwar Chand and the petitioner, to discharge the duties and functions of Pradhan vide order dated 12.8.2008. The nomination so made by the District Magistrate was accepted by Gram Panchayat in its meeting held on 14.8.2008. One Brijendra Ram, Gram Panchayat Adhikari challenged the afore­said order dated 12.8.2008 passed by the District Magistrate appointing three mem­bers' committee in Writ Petition No. 46043 of 2008, which was disposed of by the High Court on 4.9.2008 directing the District Magistrate to decide application of the pe­titioner within a week.
(3.) ARMED with the judgment and or­der of the High Court, Sri Brijendra Ram moved the District Magistrate Ballia, who vide his order dated 23.10.2008 nominated respondent No. 6 Sri Hare Ram son of Ramrikha to discharge the duties and functions of Pradhan.;