Smt. Roopwati And 8 Others vs State Of U.P. And 6 Others
2022 Latest Caselaw 5077 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 16527 of 2022
 

 
Petitioner :- Smt. Roopwati And 8 Others
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Rahul Saxena
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J.

Heard the counsel for the petitioners.

The present writ petition has been filed challenging the order dated 17.5.2022 passed by the District Magistrate, Pilibhit whereby the District Magistrate has nominated one Angan Lal s/o Pyare Lal as officiating Gram Pradhan of Gram Panchayat, Katakwara, District Pilibhit as the elected Gram Pradhan is, at present, in jail.

In view of the judgment of this Court reported in Udaivir vs State Election Commission of U.P. (2009) 106 RD 151, the District Magistrate, before nominating any member to officiate as the Gram Pradhan, was required to ascertain the wishes of the majority members of the Gram Panchayat. The aforesaid view has also been held by another Bench of this Court in Kamta Pal vs State of U.P. & Ors. (2010) 4 ADJ 219.

In view of the aforesaid, the District Magistrate, Pilibhit is directed 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 the Sub-Divisional Magistrate to chair the meeting so as to ascertain the wishes of the majority members of the Gram Panchayat regarding nomination of officiating Pradhan.

With the aforesaid direction, the writ petition is disposed of.

Order Date :- 8.6.2022

Satyam