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2019 Supreme(All) 200

RAKESH SRIVASTAVA
RAKESH KUMAR – Appellant
Versus
STATE OF UP THRU SECY UP PANCHAYAT RAJ CIVIL SECTT LKO – Respondent


Advocates:
Advocate Appeared:
M.V.S. Chauhan, Adv., Satyendra Kumar Tiwari, Adv.

JUDGMENT

Rakesh Srivastava, J.

Short counter affidavit, filed on behalf of respondent nos. 1 to 4 is taken on record. Learned counsel for the petitioner states that he does not wish to file any rejoinder affidavit.

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

3. Heard Sri Satyendra Kumar Tiwari, learned counsel for the petitioner, the learned Standing Counsel appearing on behalf of respondent nos. 1 to 4 and Sri Rohit Tripathi, learned counsel appearing for respondent no. 6.

4. The elections to the Gram Panchayats in the State of Uttar Pradesh were held in the year 2018. The petitioner and respondent no. 5 were elected as members of the Gram Panchayat Badagaon, Block Behandar, Tehsil Sandi, District Hardoi. One Ram Chandra, who was elected as the Gram Pradhan, unfortunately died on 21.8.2018. On 20.9.2018 the District Magistrate, Haroi 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 direc



















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