- (1.) RAJES Kumar, J. Heard learned Counsel for the parties.
(2.) LEARNED Counsel for the petitioner submitted that Smt. Harviri wife of Bhullan Singh was elected as Pradhan of Gram Panchayat, Valid pur Vikas Khand Daurala District Meerut, died on 2. 2. 2007. After her death, District Magistrate vide order dated 27. 2. 2007 nominated Smt. Munni Devi wife of Suresh Singh to exercise power of Gram Pradhan, Thereafter, vide order dated 15. 1. 2008 in place of Smt. Munni Devi wife of Surendra Singh, Smt. Savitri wife of Bhanwar singh member Gram Panchayat has been nominated. Again by impugned order dated 30. 1. 2002 the order dated 15. 1. 2008 has been cancelled and the order dated 27th February 2007 nominating Smt. Munni Devi wife of Surendra Singh has been restored. He submitted that though on the death of Gram Pradhan and in the absence of Up-Pradhan Collector has power under Section 12-J of the U. P. Panchayat Raj Act to nominate any member of Gram Panchayat to discharge duty and exercise the power of Pradhan, until such vacancy in The office either the Pradhan or Up-Pradhar is filled in, but the said power may be exercised judicially and not arbitrary. He submitted that in the present case, the District Magistrate while nominating the member to exercise the power of Pradhan has not acted judicially and has arbi trary cancelled the order dated is 15. 1. 2008 and restored the order dated 27. 2. 2007 giving no reason whatsoever. Learned Standing Counsel submitted that the appointment of Smt. Munni Devi wife of Surendra Singh also appears to be without application of mind. He also submitted that the appointment of both Smt. Munni Devi and Smt. Savitri be set aside and the District Magistrate be directed to nominate any member of Gram Panchayat to exercise the power of Gram Pradhan till the new Gram Pradhan elected, on proper application of mind and giving reason for appointing the person concerned to exercise the said power. In my view, the District Magistrate while passing the order dated 30th January 2008 has not exercised his power judicially and has passed arbitrary order it is true that the power is vested with the District Magistrate to nominate any member of Gram Panchayat to exercise power of the Gram Pradhan in the absence of Gram Pradhan or Up-Pradhan, but the said power should be exercised judicially after application of mind. In the present case, it appears that he has nominated Smt. Munni Devi wife of Surendra Singh wife order dated 27th February, 2007 and Smt. Savitri wife of Bhanwar Singh vide order dated 15. 1. 2006 and again restored the nomination of Smt. Munni Devi mechanically Without proper consideration and application of mind. In view of the above, writ petition is allowed. The orders dated 27. 2. 2007. 15. 1. 2008 and 30. 1. 2000 are set aside. District Magistrate, Meerut is directed to exercise the power under Section 12-J of the U. P. Panchayat Raj Act, 1947 afresh in accordance to the law and nominate a member to exercise the power within a period of four weeks from the date of presentation of a certified copy of the order. .;