Udaivir vs State Election Commission of U.P.Through Its Chairman and others

Dr. B.S. Bhauhan and Arun Tandon, JJ.—This Special appeal has been preferred against the impugned judgment and order of the Hon''ble Single Judge dated 11th April, 2008 passed in Civil Misc. Writ, Petition No. 53468 of 2007; Udaivir v. The State Election Commission of U.P. through its Chairman and others, filed by the appellant against appointment of respondent No. 7 as officiating Pradhan has been dismissed.

The Hon''ble Single Judge after considering the facts and law applicable came to the conclusion that the wishes of the elected members of the Gram Panchayat could have been ascertained before nominating any member to officiate as Pradhan till the regular election qua the office is held, in exercise of powers under section 12J (2) of the U.P. Panchayat Raj Act.

We have heard Sri B.N. Singh, learned Counsel for the appellantpetitioner, Sri S.C. Pandey, learned Counsel for respondent No. 7, Sri K.P. Singh, learned Counsel for respondent No. 1 and learned Standing Counsel for other respondents, and perused the records of the present special appeal.

Considering the basic concept of the democracy set up for the Panchayat Raj under the provisions of Article 243 of the Constitution, we are of the opinion that respondent No. 3, i.e. District Magistrate, Aligarh ought to have ascertained the wishes of the elected members of the Gram Panchayat, as to who should be the officiating Pradhan for the period till the regular election of the Gram Pradhan is held. Further every attempt should be made to elect the new Pradhan at the earliest possible.

In view thereof, we dispose of this Special appeal with a request upon the District Magistrate i.e. respondent No. 3 to convene a meeting of the elected members of the Gram Panchayat within a period of two weeks from the date a certified copy of this order is filed before him, nominating some responsible officer not below the rank of SubDivisional Magistrate, to chair the meeting of the elected members so as to ascertain the wishes qua nomination of officiating Pradhan. Person so nominated would be handed over the charge forthwith. We also request the District Magistrate to ensure that the election of the Gram Pradhan of the village concerned be held in accordance with law at the earliest possible.

Till the aforesaid is done, status quo as of date with regard to the working of the officiating Pradhan shall be maintained.