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2019 Supreme(All) 199

RAKESH SRIVASTAVA
JAHIDA BEGAM – Appellant
Versus
STATE OF UP THRU PRIN SECY PANCHAYAT RAJ LUCKNOW – Respondent


Advocates:
Advocate Appeared:
Ajeet Kumar Singh, Adv., Pradeep Kumar Tripathi, Adv., Narendra Gupta, Adv., Rohit Tripathi, Adv.

JUDGMENT

Rakesh Srivastava, J.

Short counter affidavit, filed on behalf of respondent nos. 1, 3 and 4. is taken on record.

2. In view of the order proposed to be passed, notice to respondent no. 5 is dispensed with.

3. Heard Sri Ajeet Kumar Singh, learned counsel for the petitioner, the learned Standing Counsel appearing on behalf of respondent nos. 1, 3 and 4 and Sri Rohit Tripathi, learned counsel appearing for respondent no.2.

4. The elections to the Gram Panchayats in the State of Uttar Pradesh were held in the year 2018. The respondent no. 5 along with the petitioner and 13 others were elected as members of the Gram Panchayat Khanpur Mohidinpur. One Mohd. Jaan, who was elected as the Gram Pradhan, unfortunately died on 5.11.2018. On 26.11.2018 the District Magistrate, Sitapur passed an order under Section 12-J of the U.P. Panchayat Raj Act, 1947 (for short 'the Act') nominating respondent no.5 on the post of Pradhan for a period of six months or till the election of new Pradhan. The said order is under challenge in this writ petition. The petitioner has further prayed for a direction to the respondents to hold fresh elections for the office of Gram Pradhan expeditiously within the



















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