Court No. - 6
Case :- WRIT - C No. - 31567 of 2019 Petitioner :- Umlesh Upadhyay Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjeev Singh Counsel for Respondent :- C.S.C.,Paras Nath Rai
Hon'ble Yashwant Varma,J.
Heard Sri Sanjeev Singh, learned counsel for the petitioner, Sri Paras Nath Rai, learned counsel for the fourth respondent and learned Standing counsel.
This petition impugns the order dated 13 August 2019 passed by the District Magistrate nominating one Sri Chandra Bhushan, the fifth respondent herein to act as the officiating Gram Pradhan consequent to a temporary vacancy having arisen. The ground of challenge which is taken is that on 25 August 2019, the members of the Gram Panchayat are stated to have passed a resolution in favour of the petitioner to act as the officiating Gram Pradhan. The resolution of the Gram Panchayat which admittedly came to be passed after the order of 13 August 2019 has been forwarded by the BDO to the DPRO and a copy thereof marked to the District Magistrate.
In view of the aforesaid, learned Standing Counsel submits that the aforesaid communication and all pertinent records shall duly be evaluated by the District Magistrate and a decision taken within a period of one month from today bearing in mind the principles enunciated by this Court in Pushpendra Kumar v. State of U.P. [2010 (4) ADJ 348].
The petition consequently stands disposed of in light of the statement noted above.
Order Date :- 27.9.2019 Vivek Kr.