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ALLAHABAD HIGH COURT
Sri G. K. Singh, J
Gulesh Ram Ji Lal v. State of U. P. and Others
| Table of Content |
|---|
| 1. facts regarding the appointment of interim pradhan. (Para 2 , 3) |
| 2. arguments surrounding the legitimacy of the appointment without member consent. (Para 4 , 5 , 6) |
| 3. legal basis for nominations by the prescribed authority. (Para 8 , 9) |
| 4. court observations stress the need to respect elected members' wishes. (Para 10 , 11 , 12 , 13) |
| 5. final ruling to quash the appointment and redirect the process. (Para 14 , 15) |
1. Heard Sri G. K. Singh, learned senior counsel assisted by Sri Birendra Kaushik, learned counsel for the petitioner, learned standing counsel for the State - respondents and Sri S. N. Singh, learned counsel for respondent no. 4.
2. By means of this writ petition, prayer has been made to issue writ of certiorari quashing the order dated 18.10.2016 passed by the District Magistrate, Mathura by which he has appointed the respondent no. 4 as Pradhan, till further orders, while exercising the power under S.12 - J of U.P. Panchayat Raj Act, 1947 (In short the Act).
3. The facts of this case, in brief, are that there happens to be a Gram Panchayat Ladpur in District Mathura. In a situation when the elected Pradhan was confined in jail, for performance of the w
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