# Babundar Singh Yadav v. State of U.P. and others

- **Citation:** (2006) 2 ILRA 939
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2006-07-20
- **Case number:** Civil Misc. Writ Petition No. 37440 of 2006
- **Bench:** Vineet Saran
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/babundar-singh-yadav-v-state-of-u-p-and-others-40690
- **Pages:** 2

## Headnote

State Election Commission Rules-Rule
115-Bye-Election-election
of
village
Pradhan held on 17.8.05-elected village
Pradhan died on 2.10.05-three members
committee appointed to carryout the
development
work
by
order
dated
23.2.06-held-D.M. is obliged to complete
election
process
within
3
monthsdirection issued accordingly.

Held: Para 5 and 6

Under the Act as well as the Rules, the
respondent no.3, District Magistrate,
Ghazipur is obliged to take steps to fill
up the post as soon as possible, after the
vacancy on the post of Pradhan occurs.
In the present case, nine months have
passed but the post of Pradhan has not
been filled up. Thus, it is a fit case for
issuance of a writ of mandamus directing
the respondents for filling up the post of
Pradhan of the village in question.

Accordingly, it is directed that the
District Magistrate, Ghazipur, respondent
no.3 shall take immediate steps to fill up
the post of Pradhan Gram Sabha Balua
Tappa
Kathaut
(Hariharpur),
Block
Mohammadabad, District Ghazipur in
accordance with the provisions of U.P.
Panchayat Raj Act, 1947 as well as Rules
1994 and hold the election and complete
the process as expeditiously as possible,
preferably within a period of three
months from today but not later than
four months.

## Text

2 All] Babundar Singh Yadav V. State of U.P. and others
939

7. In the result, we allow the writ
petition
and
quash
the
impugned
detention order dated 30.7.2005 passed
against the petitioner by the respondent
no. 1.

8. It is ordered that the detenu
saurabh alias Chhotoo shall be released
forthwith, if not wanted in any other
connection.
Petition Allowed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 20.07.2006

BEFORE
THE HON'BLE VINEET SARAN, J.

Civil Misc. Writ Petition No. 37440 of 2006

Babundar Singh Yadav
...Petitioner
Versus
State of U.P. and others ...Respondents

Counsel for the Petitioner:
Sri Gyanendra Kumar Singh

Counsel for the Respondents:
Sri P.N. Rai
S.C.

State Election Commission Rules-Rule
115-Bye-Election-election
of
village
Pradhan held on 17.8.05-elected village
Pradhan died on 2.10.05-three members
committee appointed to carryout the
development
work
by
order
dated
23.2.06-held-D.M. is obliged to complete
election
process
within
3
monthsdirection issued accordingly.

Held: Para 5 and 6

Under the Act as well as the Rules, the
respondent no.3, District Magistrate,
Ghazipur is obliged to take steps to fill
up the post as soon as possible, after the
vacancy on the post of Pradhan occurs.
In the present case, nine months have
passed but the post of Pradhan has not
been filled up. Thus, it is a fit case for
issuance of a writ of mandamus directing
the respondents for filling up the post of
Pradhan of the village in question.

Accordingly, it is directed that the
District Magistrate, Ghazipur, respondent
no.3 shall take immediate steps to fill up
the post of Pradhan Gram Sabha Balua
Tappa
Kathaut
(Hariharpur),
Block
Mohammadabad, District Ghazipur in
accordance with the provisions of U.P.
Panchayat Raj Act, 1947 as well as Rules
1994 and hold the election and complete
the process as expeditiously as possible,
preferably within a period of three
months from today but not later than
four months.

(Delivered by Hon'ble Vineet Saran, J.)

1. An election for the post of Gram
Pradhan of the village in question was
held on 17.8.2005 in which one Rajesh
Rai was elected as Gram Pradhan. On
2.10.2005 said Rajesh Rai was murdered
and thereby a vacancy occurred on
account of the death of Gram Pradhan of
the Gram Sabha Balua Tappa Kathaut
(Hariharpur),
Block
Mohammadabad,
District
Ghazipur.
Thereafter
on
23.2.2006 the respondent no.5, District
Panchayat Raj officer, Ghazipur has
passed an order appointing a Committee
to carry on the development work of the
village as provided under the U.P.
Panchayat Raj (Election of Members,
Pradhans and Up-Pradhans) Rules, 1994.
This writ petition has, thus, been filed for
quashing the order dated 23.2.2006
passed by respondent no.5 and also for a
direction in the nature of mandamus
directing the respondents to hold the
election of the Gram Pradhan of the
village in question, within a stipulated
period as may be fixed by this Court.
940 INDIAN LAW REPORTS ALLAHABAD SERIES [2006
2. I have heard Sri Gyanendra
Kumar Singh, learned counsel appearing
for the petitioner as well as learned
Standing Counsel appearing for the Staterespondents. With consent of learned
counsel for the parties, this writ petition is
being disposed of without calling for a
counter affidavit.

3. Rule 14 of the U.P. Panchayat Raj
(Election of Members, Pradhans and UpPradhans), Rules, 1994 (in short Rules of
1994) provides that the general election of
the Gram Pradhans ought to be held by
the District Magistrate in accordance with
the
directions
the
State
Election
Commission. Rule 115 of the Rules,
which relates to bye-elections, provides
that in case of a casual vacancy in the
office of Pradhan, the District Magistrate
shall, as soon as may be, appoint the date,
time and place for various stages of byeelection in accordance with Rule 14.

4. The submission of learned
counsel for the petitioner is that although
more than nine months have passed since
the vacancy on the post of Pradhan had
occurred but till date the respondents have
not taken steps to fill up the post, as is
required under the Rules and have merely
appointed a committee to carry out the
development work of the village. Learned
counsel for the petitioner further contends
that in the absence of an elected Pradhan
of his village, besides the development,
other works are also suffering because of
which the petitioner as well as the other
villagers are suffering.

5. Under the Act as well as the
Rules, the respondent no.3, District
Magistrate, Ghazipur is obliged to take
steps to fill up the post as soon as
possible, after the vacancy on the post of
Pradhan occurs. In the present case, nine
months have passed but the post of
Pradhan has not been filled up. Thus, it is
a fit case for issuance of a writ of
mandamus directing the respondents for
filling up the post of Pradhan of the
village in question.

6. Accordingly, it is directed that the
District Magistrate, Ghazipur, respondent
no.3 shall take immediate steps to fill up
the post of Pradhan Gram Sabha Balua
Tappa
Kathaut
(Hariharpur),
Block
Mohammadabad, District Ghazipur in
accordance with the provisions of U.P.
Panchayat Raj Act, 1947 as well as Rules
1994 and hold the election and complete
the process as expeditiously as possible,
preferably within a period of three months
from today but not later than four months.

7. This writ petition stands allowed
to the extent indicated above. No order as
to costs.

8. The office is directed to supply a
certified copy of this order to the learned
Standing Counsel within a week, free of
charge, for necessary compliance.
Petition Allowed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 30.03.2006

BEFORE
THE HON'BLE S.U. KHAN, J.

Civil Misc. Writ Petition No. 53010 of 2000

Roop Kishore Agarwal and others
 ...Petitioners
Versus
IV Additional District Judge, Bareilly and
others

 ...Respondents