Court No. - 26
Case :- WRIT - C No. - 9732 of 2018
Petitioner :- Tej Bahadur Yadav Respondent :- State Of U.P. And 05 Others Counsel for Petitioner :- Vinod Kumar Sharma,Madan Ji Pandey
Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Mrs. Sangeeta Chandra,J.
Learned counsel for the petitioner is not present.
Learned standing counsel has informed this Court that in pursuance of the order dated 16.3.2018, he has received instructions from the SDM, Sikandarpur, District Ballia. As per the instructions sent and the U.P. Panchayat Raj Rules, 1947, Rule 46 describes a method for holding a meeting of the Gram Sabha or the Gram Panchayat in the absence of the Pradhan and the Up-Pradhan.
Rule 46 is being quoted herein below:-
"46. Temporary President of a meeting.-The Pradhan, and in his absence the Up-Pradhan, shall preside at the meetings of the Gram Sabha and Gram Panchayat and in case of the absence of both from any such meeting, the members nominated under Rule 46-A shall preside at the meeting or in case the Pradhan has not made such a nomination, the prescribed authority may nominate any member.
[If both the Pradhan and the prescribed authority fail to nominate any such member, the members of the Gram Sabha and Gram Panchayat present at the meeting may elect any member of the Gram Panchayat to preside at that meeting."
It is evident that the Prescribed Authority may nominate a person to act as Temporary President of a meeting in case the Pradhan and the Up- Pradhan are unavailable due to their suspension and even in such cases where both the Pradhan and the Up-Pradhan failed to nominate a member of the Gram Panchayat to preside over such meeting.
Accordingly, this writ petition is disposed of with a direction to the District Magistrate to nominate a member of the Gram Panchayat to act as Temporary President of the open general meeting of the Gram Sabha in question to be held for passing a resolution recommending a panel of names of suitable candidates for allotment of Fair Price Shop lying vacant in the village.
The District Magistrate shall make such nomination from eligible Gram Panchayat members within a period of one week. The open general meeting shall be held of the Gram Sabha in question after proper circulation of agenda in terms of Rule 32 i.e. after at-least 15 days from the date of nomination of member of Gram Panchayat. The Gram Panchayat meeting shall be also attended by the Block Development Officer, the ADO, Panchayat and the Station Officer of the police station concerned.
After a resolution is passed in favour of a candidate, the matter shall be referred to the Tehsil Level Selection Committee to pass appropriate orders thereon. The Final order regarding allotment shall be passed after completing the whole exercise within a maximum period of 15 days thereafter.
Order Date :- 28.3.2018 Arif