SANGEETA CHANDRA, J. - (1.) This petition has been filed by the petitioner who is a member of the Gram Panchayat of village Jagatpur, Tehsil Sadar, District Rampur alleging therein that one Smt. Kailashwati was elected as the Gram Pradhan of the said village, but died on 8.2.2018. After the death of the sitting Gram Pradhan, the District Magistrate neither convened any open meeting of the Gram Panchayat members, nor did he ascertain their desire, as to who should officiate as Gram Pradhan till fresh elections are held.
(2.) The petitioner along with seven other members appeared before the District Magistrate and also filed a representation on 6.3.2018. Now an order has been passed on 27.3.2018 by which the District Magistrate, has nominated the respondent No. 4 as village Pradhan in exercise of power under section 12-J of the U.P. Panchayat Raj Act.
(3.) A prayer has been made for quashing of the aforesaid order of the District Magistrate dated 27.3.2018. Learned Counsel for the respondent No. 4 has opposed this prayer on the ground that after the petitioner appeared along with seven other members as alleged before the District Magistrate, a meeting was convened by the District Magistrate in which six members voted in favour of the respondent No. 4 and five members voted in favour of the petitioner. Therefore, the District Magistrate has passed the order impugned dated 27.3.2018.;