Court No. - 50
Case :- WRIT - C No. - 27811 of 2019 Petitioner :- Rekha Rani Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chandra Shekhar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner and the Standing Counsel representing respondent nos. 1 to 5.
In view of the order proposed to be passed, no notices are required to be issued to respondent no.6.
The present writ petition has been filed praying for quashing the order dated 22.7.2019 passed by the District Magistrate, Bijnor whereby the District Magistrate has nominated respondent no. 6 to officiate as the Gram Pradhan of the Village because of the death of the elected Gram Pradhan who was the husband of respondent no.6.
It is apparent from the records that the order dated 22.7.2019 has been passed without ascertaining the wishes of the members of the Gaon Sabha. The order is apparently contrary to the principle laid down by this court in Udaivir versus State Election Commission 2009 (106) RD 151 and the judgment and order dated 6.5.2010 passed by this court in Civil Misc.Writ Petition No.25542 of 2010 (Suresh versus State of U.P and others) wherein it has been provided that the wishes of the elected members of the Gram Pradhan should be ascertained before nominating any member to officiate as Pradhan till the regular election for the said office is held.
In view of the aforesaid judgments of this Court, the order dated 22.7.2019 is hereby quashed. The District Magistrate is further directed to convene a meeting of the elected members of the Gram Pradhan within 15 days from the receipt of the certified copy of this order to ascertain wishes of the elected members and thereafter proceed to nominate the member preferred by the elected members to officiate as Gram Pradhan on the post vacant due to the death of the elected Gram Pradhan. It is also expected that the District Magistrate shall ensure that election for the post of Gram Pradhan of the Village shall also be held in accordance with law at the earliest. The respondent no.6 shall continue to officiate as Pradhan till fresh arrangement is made by the District Magistrate, Bijnor pursuant to the wishes of the elected members of the Gram Panchayat as expressed in the meeting held as directed above.
With the aforesaid directions, the writ petition is allowed.
Order Date :- 29.11.2019 IB