Janardan Sahai, Sudhir Agarwal - (1.) -The petitioner was elected as Senior Up-Pramukh on 27.2.2006. It appears that a no-confidence motion against the Pramukh was passed on 30.4.2008. The District Magistrate passed an order dated 27.5.2008 appointing a three-members committee to discharge the functions of the Pramukh until fresh elections are held. This order dated 27.5.2008 has been challenged by the petitioner.
(2.) WE have heard Sri L. P. Singh, learned counsel for the petitioner and Sri K. N. Tripathi, senior advocate, assisted by Sri N. K. Pandey on behalf of respondent No. 4 and learned standing counsel. Section 9 of the U. P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 before its amendment by the U. P. Panchayat Laws Amendment Act, 2007 provided that when the office of the Pramukh becomes vacant, his functions are to be discharged by the Senior Up-Pramukh and if there is no Senior Up-Pramukh, by the Junior Up-Pramukh and if there is no Junior Up-Pramukh, then by a committee appointed by the District Magistrate. Section 9 of the Act before its amendment read as follows : "9. Term of Pramukh and Up-Pramukh.-(1) Save as otherwise provided in this Act, the term of office of a Pramukh or Up-Pramukh of a Kshettra Panchayat shall commence upon his election and shall extend up to the term of the Kshettra Panchayat : (2) Whether the office of the Pramukh is vacant- (a) the senior Up-Pramukh shall discharge the functions of the Pramukh till the Pramukh is elected ; (b) and if the office of Senior Up-Pramukh is also vacant, the Junior Up-Pramukh shall discharge the functions of the Pramukh till the Pramukh or the Senior Up-Pramukh is elected. (c) and if the offices of both, the Senior and Junior Up-Pramukhs also are vacant the District Magistrate may, by order, make such arrangements as he thinks fit for the discharge of the functions of the Pramukh, till the Pramukh, Senior Up-Pramukh or Junior Up-Pramukh is elected." However, substantial amendments in the U. P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 have been made by the U. P. Panchayat Laws (Amendment) Act, 2007 in respect of the post of Up-Pramukh and Senior and Junior Up-Pramukhs. Section 9 of the principal Act has been amended as follows by Section 11 of the Amending Act : "11. Amendment of Section 9.-In Section 9 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely : (2) 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."
(3.) IF this amended provision is applied the District Magistrate was competent to appoint the three member committee. According to the petitioner the amended Section 9 does not apply and this result has been brought about by Sections 9 and 10 of the Amendment Act. Section 9 of the Amendment Act is as follows : "9. General Amendment of U. P. Act No. 33 of 1961.-In the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961, hereinafter in this chapter referred to as the principal Act, the words "Up-Pramukh", "Senior Up-Pramukh", "Junior Up-Pramukh" and "Upadhyaksha" wherever occurring including the marginal headings and Schedules, shall be omitted." ;