Sudhir Agarwal, J. - (1.) Aggrieved by the order dated 15.2.2007 passed by the District Magistrate, Kaushambi whereby the proposal of Gram Panchayat recommending appointment of the petitioner on the post of Panchayat Mitra has been cancelled the present writ petition under Article 226 of the Constitution of India has been filed seeking a writ of certiorari for quashing the same.
(2.) It is not disputed that Amit Kumar Patel having highest marks was placed at Serial No. 1 in the merit list and the petitioner was placed at Serial No. 2. However, since Karan Patel, a member of administrative Committee of the Gram Panchayat was cousin (Chachera Bhai) of Shri A.K. Patel, he was not recommended and in his place, the petitioner who was second in the merit list was proposed for appointment. The District Magistrate found that in the Government Order dated 3.7.2006 the members of family who were excluded did not cover "cousin" (Chachera Bhai) therefore, exclusion of A.K. Patel for appointment to the post of Panchayat Mitra, despite of his highest marks was illegal. He therefore, cancelled the said resolution of Gram Panchayat and directed them to recommend the name of A.K. Patel for appointment.
(3.) Learned counsel for the petitioner has submitted that so far as the direction for appointment of A.K. Patel is concerned, the same cannot be acted upon since Shri A.K. Patel during the pendency of this matter died on 26.11.2008. The petitioner has filed death certificate of Sri Patel and submits that he being the next in merit now should be directed to be appointed.;