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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SUBHASH VIDYARTHI
Anil Kumar – Appellant
Versus
State of U.P. Thru. Prin. Secy. Panchayatraj Deptt. Lko. – Respondent
| Table of Content |
|---|
| 1. challenge of gram pradhan nomination due to vacancy. (Para 2) |
| 2. arguments regarding reservation for gram pradhan position. (Para 3 , 4) |
| 3. opposition arguments against petitioner's claims. (Para 5 , 6) |
| 4. interpretation of discretion in nominations for pradhan. (Para 7 , 8) |
| 5. requirement of considering panchayat members' wishes. (Para 10 , 11) |
| 6. long-standing precedents should remain upheld. (Para 19) |
| 7. rule of reservation applies in casual pradhan vacancy. (Para 20 , 21) |
| 8. quashing of the nomination order and directions for fresh appointment. (Para 22 , 23) |
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Prabhat Kumar Advocate, the learned counsel for the petitioner, and Shri Rahul Shukla, the learned Additional Chief Standing Counsel for the State of U.P. and Sri. Anurag Shukla Senior Advocate assisted by Sri. Aman Dwivedi Advocate, the learned Counsel for the opposite party no. 4.
2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of an order dated 26.06.2025, passed by the District Panchayat Raj Officer, Sitapur, whereby the District Panchayat Raj Officer has nominated the opposite part
The principle of reservation must be adhered to in appointing an officiating Gram Pradhan, and the consent of Gram Panchayat members is essential for nominations.
The District Magistrate must ascertain the wishes of the elected members before appointing an interim Pradhan, as per the democratic principles of Panchayati Raj.
No confidence motion applies to a nominated officiating Sarpanch under the Panchayati Raj Act, ensuring accountability in governance.
Amendments to Panchayati Raj election rules must comply with constitutional provisions, including reservation based on population, not arbitrary criteria, with necessary prior consultation.
Appointments must adhere to merit as per statutory provisions; majority votes cannot override this requirement.
The State Government has the authority to prescribe the method of recruitment and conditions of service for the appointment of Jogana Sahayak in a Gram Panchayat.
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