Point of Law: Constitution of the Gram Panchayat is the paramount objective to be achieved. Since the minimum quorum required to constitute the Gram Panchayat could not be met, despite two consecutive elections and passage of one year time, the State Government or the Officer authorised by it, must ensure constitution of the Gram Panchayat or its Administrative Committee through other means, permitted by the statute.

JUDGMENT :

SAUMITRA DAYAL SINGH, J.

1. Counter affidavit filed on behalf of respondent nos. 2, 3 and 4 today, is taken on record.

2. Heard Sri. Ram Pratap Yadav, learned counsel for the petitioner and learned Standing Counsel for the State.

3. Present writ petition has been filed by the petitioner Anuj Kumar, claiming to be the duly elected Gram Pradhan of village Bhauli, Development Block Kurara, Tehsil-Hamirpur, District-Hamirpur. He claims relief in the nature of direction upon the District Magistrate-Hamirpur to assign financial and administrative powers to the petitioner to enable him to discharge all functions of Gram Pradhan.

4. Upon perusal of the pleadings made in the writ petition as confirmed by the counter affidavit filed by the District Panchayat Raj Officer, Hamirpur, it transpires, undisputedly the petitioner was elected as the Gram Pradhan, Gram Panchayat Bhauli, Development Block Kurara, District-Hamirpur on 02.05.2021. His term is five years. Almost one year has passed and the petitioner has yet not been able to function as the Gram Pradhan. Functioning of the petitioner has been obstructed on account of non-constitution of the Gram Panchayat Bhauli. In that regard, it has been clearly disclosed in the counter affidavit filed by the District Panchayat Raj Officer, Hamirpur that Gram Panchayat Bhauli comprises of 15 wards. Election to all 15 wards of the said Gram Panchayat first took place on 02.05.2021. Of the 15 ward members elected, only 2 could be administered oath. The remaining 13 did not present themselves for administration of oath as ward members of the Gram Panchayat Bhauli, despite reminders.

5. Acting in conformance to Section 12-E(2) of the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as the ‘Act’) 13 elected members of the Gram Panchayat Bhauli who failed to subscribe to the oath of office, were deemed to have vacated office/seat vide order dated 10.11.2021.

6. The document filed as Annexure CA-3 to the counter affidavit further reveals, pursuant to the order of the State Election Commission dated 06.01.2021, the bye election to the aforesaid 13 vacant wards were held and 13 members were elected. This time only 3 of the members so elected could be administered oath. The remaining 10 have yet not subscribed to the oath. The counter affidavit does not state as to whether the said 10 persons have been deemed to have vacated the office/seat of member of Gram Panchayat, Bhauli.

7. In such facts, it has been stated in the counter affidavit and has been vehemently urged by the learned Standing Counsel that the Gram Panchayat has yet not been constituted in accordance with Section 12(3) of the Act. Unless 2/3 elected members subscribe to the oath, the Gram Panchayat cannot be constituted. Since the strength of the Gram Panchayat, Bhauli is 15, necessarily, 10 members must subscribe to the oath before the petitioner may be allowed to function as a fullfledged Gram Pradhan.

8. Having heard learned counsel for the parties and having perused the record, there can be no denial that the Gram Panchayat may be constituted only upon 2/3 members of the total strength of the Gram Panchayat being elected. In the present case, that number would have to be 10. This position emerges from the plain reading of Section 12(3)(d) read with its proviso. It reads:

“12(3)(d) The Constitution of a Gram Panchayat shall be notified in such manner as may be prescribed and thereupon the Gram Panchayat shall be deemed to have been duly constituted, any vacancy therein notwithstanding:

Provided that the Constitution of a Gram Panchayat shall not be so notified till the Pradhan and at least two-thirds of the members of the Gram Panchayat have been elected.”

9. Then, Section 12-E of the Act reads as below:

“12-E. Oath of office:

(1) [Every person] shall, before entering upon any office referred to in Sections 11-A, 12, 43 or 44, make and subscribe before such authority as may be prescribed on oath or affirmation in the form to be