The main legal point established in the judgment is the distinction between permanent vacancy and temporary arrangement under Sections 12-H and 12-J of the U.P. Panchayat Raj Act, 1947.

JUDGMENT :

(Rajnish Kumar, J.)

1. Heard Shri Anurag Shukla, learned counsel for the petitioner and Shri Abhishek Srivastava, learned Standing Counsel.

2. Learned counsel for the petitioner submits that the impugned order has wrongly, illegally and without jurisdiction has been passed by the opposite party no.2/ District Magistrate, Sitapur under Section 12-J of the U.P. Panchayat Raj Act, 1947 (here-in-after referred as the Act), whereas the order could have only been passed under Section 12-H of the Act and accordingly the provisions of Section 11-B, Section 11-C and 12 are to be complied on account of death of Gram Pradhan.

3. He further submits that in case the order would have been passed under Section 12-H, the provisions of Section 11-B would come to operate and in such situation an Administrative Committee or Administrator is be appointed under Section 11-B(2). He further submits that since the term of Gram Sabha in question is more than six months, therefore as per proviso appended to Section 12-H, the said provision would be applicable and not Section 12-J. He further submits that Section 12-J would be applicable only in case, the term of Gram Panchayat is less than six months and there is no requirement of election under Section 12-H, therefore the petitioner is constrained to approach this Court. Learned counsel for the petitioner relies on Pushpendra Kumar Vs. State of U.P. through the Secretary, Panchayat Raj, U.P. Lucknow and Others; [2010 (110) RD 46].

4. Learned Standing Counsel vehemently opposed the submissions of learned counsel for the petitioner and submits that the order has rightly been passed under Section 12-J for making temporary arrangement on account of death of Gram Pradhan, therefore this petition is misconceived and liable to be dismissed.

5. I have considered the submissions of learned counsel for the parties and I have gone through the records.

6. At the outset, this Court is constrained to record that learned counsel for the petitioner has argued against the pleadings made in the petition and the case which has not been set out in the petition at all, despite being warned by the Court. He also has not argued even a single word on the pleadings made in the petition, therefore it is apparent that the petitioner has no case on the basis of pleadings, which is liable to be dismissed.

7. However in regard to the legal arguments advanced by the learned counsel for the petitioner Section 12-H and 12-J are relevant, which are extracted here-in-below:-

"12-H. Casual Vacancy – If a vacancy in the office of the Pradhan, Up-Pradhan or a member of a Gram Panchayat arises by reason of his death, removal, resignation, voidance of his election or refusal to take oath of office, it shall be filled before the expiration of a period of six months from the date of such vacancy, for the remainder of his tern in the manner, as far as may be, provided in Sections 11—B, 11-C, or 12, as the case may be :

Provided that if on the date of occurrence of such vacancy the residue of the term of the Gram Panchayat is less than six months, the vacancy shall not be filled.

12-J. Temporary arrangement in certain cases – Where the office of Pradhan is vacant by reason of death, removal, resignation or otherwise or where the Pradhan is incapable to act by reason of absence, illness or for any reason whatsoever, the prescribed authority shall nominate a member of the Gram Panchayat, to discharge the duties and exercise the powers of Pradhan until such vacancy in the office of Pradhan is filled in, or until such incapacity of Pradhan is removed."

8. Section 12-H provides that if a vacancy in the office of the Pradhan, UpPradhan or a member of a Gram Panchayat arises by reason of his death, removal, resignation, voidance of his election or refusal to take oath of office, it shall be filled before the expiration of a period of six months from the date of such vacancy, for the remainder of his term in the manner, as far as may be, provid