Dismissed

Poonam Yadav v. State of U.P. Thru. Prin. Secy. Panchayati Raj Lko. and 7 Others

Allahabad HC1 Apr 2024WRIC/2913/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a writ petition challenging the District Magistrate's order nominating an opposite party to act as Gram Pradhan following the death of the elected Pradhan. The court held there is no statutory power for members to elect a new Pradhan.

What did the court decide?

The writ petition filed by Poonam Yadav challenging the nomination order dated 06.03.2024 was dismissed for lack of merit.

Poonam Yadav vs State of U.P. Thru. Prin. Secy. Panchayati… — Election Law | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:27274

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Court No. - 19

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Case :- WRIT - C No. - 2913 of 2024

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Petitioner :- Poonam Yadav

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Respondent :- State Of U.P. Thru. Prin. Secy. Panchayati Raj Lko. And 7 Others

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Counsel for Petitioner :- Arvind Kumar Pathak,Sandeep Kumar Singh

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Counsel for Respondent :- C.S.C.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Arvind Kumar Pathak, learned counsel for the petitioner and Shri S.K. Khare, learned Standing Counsel for the State.

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By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has assailed the validity of the order dated 06.03.2024 passed by the District Magistrate, Ambedkar Nagar, whereby the District Magistrate has nominated the opposite party No.8 to exercise powers of Gram Pradhan consequent to the death of the elected Pradhan.

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The submission of learned counsel for the petitioner is that after the death of the elected Pradhan, the members of village panchayat had elected the applicant to perform the duties of Gram Pradhan.

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Learned Standing Counsel has submitted that Section 12 (J) of the U.P. Panchayat Raj Act, 1947 provides as follows:

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" 12-J. Temporary arrangement in certain cases – Where the office of Pradhan is vacant by reason of death, removal, resignation or otherwise or where the Pradhan is incapable to act by reason of absence, illness or for any reason whatsoever, the prescribed authority shall nominate a member of the Gram Panchayat, to discharge the duties and exercise the powers of Pradhan until such vacancy in the office of Pradhan is filled in, or until such incapacity of Pradhan is removed."

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He has submitted that there is no such statutory provision that would authorize the members of Village Panchayat to elect a new Pradhan after the death of the original elected Pradhan. This power vests in the prescribed authority, which is the

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District Magistrate and the prescribed authority has nominated the opposite party No.8 in exercise of its statutory provisions contained in Section 12 (J) of the U.P. Panchayat Raj Act,1947.

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In view of the aforesaid facts and circumstances of the case and the provisions of law, there appears to be no illegality in the impugned order dated 06.03.2024, hence, the writ petition lacks merit and is hereby dismissed .

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[Subhash Vidyarthi, J.]

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Order Date :- 3.4.2024

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-Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Poonam Yadav v. State of U.P. Thru. Prin. Secy. Panchayati Raj Lko. and 7 Others

Case brief

What is this about?

What did the court decide?

Poonam Yadav v. State of U.P. Thru. Prin. Secy. Panchayati Raj Lko. and 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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