# Vinod Kumar Mishra v. State Of U.P. & Ors

- **Citation:** (2016) 6 ILRA 343
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2016-06-23
- **Bench:** Amreshwar Pratap Sahi, Shamsher Bahadur Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/vinod-kumar-mishra-v-state-of-u-p-ors-43956
- **Pages:** 11

## Headnote

- Articles 243-A, 243(d), 243(e) - U.P. Panchayat Raj Act, 1947 - Sections 2(g), 2(h), 12 - Conceptual and
statutory differentiation explained (Paras 7, 8)

FAIR PRICE SHOP - Public Distribution System - Government Order dated 17.8.2002 - Allotment through
open meeting of Gram Sabha - Monitoring under Section 15(xxix), U.P. Panchayat Raj Act, 1947 -
Mandatory adherence to prescribed procedure (Paras 2, 8, 19)

GRAM PRADHAN - Direct election - Oath of office - Exclusive statutory authority to discharge official
functions - Responsibility flows from democratic mandate - Non-heritable office (Paras 11, 12, 13)

REPRESENTATION IN LITIGATION - Rule 47(g), U.P. Panchayat Raj Rules, 1947 - Duty of Pradhan to file
civil cases and launch prosecution on behalf of Gram Panchayat/Gram Sabha - Non-delegable statutory
function (Paras 9, 10, 14, 15)

LOCUS STANDI - Husband of Village Pradhan filing writ petition espousing official cause of Gram Panchayat
-

Maintainability - Held, official duties cannot be delegated or substituted in favour of spouse or relatives -
"Pradhanpati/Pradhanputra" practice impermissible (Paras 6, 11, 19, 22)

WOMEN EMPOWERMENT - Reservation of seats for women - No presumption of incapacity - Delegation of
official functions to husband contrary to constitutional philosophy and gender justice (Paras 20, 21)

WRIT JURISDICTION - Petition by husband not maintainable in official capacity - However, directions issued
to State authorities to ensure compliance with law in larger public interest (Paras 23, 24)
344 INDIAN LAW REPORTS ALLAHABAD SERIES

IN RESULT : Writ petition disposed off with directions.

## Text

6 All. Vinod Kumar Mishra Vs State Of U.P. & Ors.

343
----------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 23.06.2016

BEFORE

THE HON'BLE AMRESHWAR PRATAP SAHI, J.
THE HON'BLE SHAMSHER BAHADUR SINGH, J.

Misc. Bench No.- 14484 Of 2016

Vinod Kumar Mishra ...Appellant
Versus
State Of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Alok Kumar Tripathi

Counsel for the Respondents:
C.S.C

PANCHAYAT RAJ - Gram Sabha and Gram Panchayat - Distinction - Constitutional scheme under Part IX
- Articles 243-A, 243(d), 243(e) - U.P. Panchayat Raj Act, 1947 - Sections 2(g), 2(h), 12 - Conceptual and
statutory differentiation explained (Paras 7, 8)

FAIR PRICE SHOP - Public Distribution System - Government Order dated 17.8.2002 - Allotment through
open meeting of Gram Sabha - Monitoring under Section 15(xxix), U.P. Panchayat Raj Act, 1947 -
Mandatory adherence to prescribed procedure (Paras 2, 8, 19)

GRAM PRADHAN - Direct election - Oath of office - Exclusive statutory authority to discharge official
functions - Responsibility flows from democratic mandate - Non-heritable office (Paras 11, 12, 13)

REPRESENTATION IN LITIGATION - Rule 47(g), U.P. Panchayat Raj Rules, 1947 - Duty of Pradhan to file
civil cases and launch prosecution on behalf of Gram Panchayat/Gram Sabha - Non-delegable statutory
function (Paras 9, 10, 14, 15)

LOCUS STANDI - Husband of Village Pradhan filing writ petition espousing official cause of Gram Panchayat
-

Maintainability - Held, official duties cannot be delegated or substituted in favour of spouse or relatives -
"Pradhanpati/Pradhanputra" practice impermissible (Paras 6, 11, 19, 22)

WOMEN EMPOWERMENT - Reservation of seats for women - No presumption of incapacity - Delegation of
official functions to husband contrary to constitutional philosophy and gender justice (Paras 20, 21)

WRIT JURISDICTION - Petition by husband not maintainable in official capacity - However, directions issued
to State authorities to ensure compliance with law in larger public interest (Paras 23, 24)
344 INDIAN LAW REPORTS ALLAHABAD SERIES

IN RESULT : Writ petition disposed off with directions.

(Delivered by Hon'ble Amreshwar Pratap Sahi, J.
&
Hon'ble Shamsher Bahadur Singh, J.)

1. Heard learned counsel for the petitioner and learned Standing Counsel.

2. This petition concerns the grant of license for allotting a fair price shop in a Village
Gram Panchayat, namely, Dhingwas, Tehsil Lalganj, District Pratapgarh under the fair price shop
distribution procedure promulgated through the Government Order dated 17.8.2002 issued under
the authority of the Essential Commodities Act, a copy whereof is Annexure - 1 to the writ
petition. Needless to mention that the aforesaid Government Order in some of its clauses has been
amended later on, but the principal method of allotting the shop in question in favour of an
individual by way of a resolution passed in an open meeting of the Gram Sabha is still intact. The
function to promote public awareness for distribution of essential commodities and monitoring of
the public distribution system are entrusted to the Gram Panchayat as per Section 15 (xxix) of the
U.P. Panchayat Raj Act, 1947. The petitioner has alleged that the respondent No.4/Sub-Divisional
Magistrate, who is the approving authority, under some political pressure is proceeding to allot the
shop and grant license directly bypassing the procedure prescribed as mentioned aforesaid in the
Government Order dated 17.8.2002. The concern of the petitioner therefore is that the grant of
license should be processed through the proper procedure as prescribed for which a direction be
issued to the 4th respondent to that effect.

3. We are disposing of this writ petition with appropriate directions as the matter relates to
ensuring a public distribution of essential commodities which is one of the essential functions
under part IX of the Constitution of India of the Panchayat of the Village Gram Sabha coupled with
the responsibilities fixed under the U.P. Panchayat Raj Act, 1947 read with the Rules and
Regulations framed thereunder and coupled with the Government Orders referred to here-in-above.
But at the same time, a more important issue with regard to the locus of a person to discharge such
official duties on behalf of the Panchayat of the Gram Sabha also crops up which requires a judicial
pronouncement as has arisen on the facts of the present case.

4. The petitioner is the husband of the Village Pradhan. He has therefore espoused the
cause on behalf of his wife which fact is admitted in paragraph - 8 of the writ petition as follows:-

"8. That when it comes in the knowledge of the village Pradhan that some
irregularities is being committed by the opposite party no.4 relating to allotment of fair price shop
license of said village after over looking the Government orders. The petitioner (husband of
village Pradhan) submitted an application dated 1.6.2016 to the opposite party no.4 (Sub
Divisional Magistrate) with the prayer for allotment of license of fair price shop village
Dhingwas after following due process of Government order which appears that the allotment
6 All. Vinod Kumar Mishra Vs State Of U.P. & Ors.

345
should be done in open meeting of gram Sabha and after proposal of Gram Sabha in the
appearance of authorities. ..."

5. A perusal of the aforesaid averment therefore clearly indicates that this miscellaneous
writ petition, which is not a Public Interest Litigation, has been filed to press a demand by the
Village Pradhan before the Sub-Divisional Magistrate in the discharge of the official, statutory and
administrative duties and functions of the Panchayat of the Gram Sabha. The cause is therefore on
behalf of the Village Panchayat of which the directly elected head is Gram Pradhan, and not her
husband, the present petitioner in this case.

6. The issue which the Court wants to emphasize is the questionable authority of the
petitioner, being the husband of the Village Pradhan, to represent her official duties and discharge
of functions as an elected Pradhan of the Village under the statutory provisions and the relevant
Government Orders. For the reasons given here-in-after, we are of the firm opinion that such
official functions and duties including the representation on behalf of Gram Panchayat/Gram Sabha
concerned, in a Court of Law would only be permissible by and through the Village Pradhan and
cannot be substituted or even delegated to any of the family members/friends/representatives or
well-wishers of the Pradhan. This however relates only to the discharge of official duties and not of
political public relations.

7. At this stage, it will be appropriate to refer to the definitions of the words "Gram Sabha"
and "Gram Panchayat" separately as they connote two different meanings. Reference may be first
made to the constitutional provisions relating to Village Panchayats as introduced by the
Constitution (Seventy Third Amendment) Act, 1992. Article 243-A defines 'Gram Sabha' as under:-

"243-A Gram Sabha - A Gram Sabha may exercise such powers and perform
such functions at the village level as the Legislature of a State may, by law, provide."

8. Section 2 (g) of the U.P. Panchayat Raj Act, 1947 defines Gram Sabha as follows:-

"'Gram Sabha' means a body established under Section 3, consisting of persons
registered in the electoral rolls to a village comprised within the area of a Gram Panchayat."

9. Article 243 (d) and (e) define 'panchayat' and 'panchayat area' as follows:-

(d) "Panchayat" means an institution (by whatever name called) of selfgovernment constituted under Article 243-B, for the rural areas;

(e) "Panchayat area" means the territorial area of a Panchayat;

10. Section 2 (h) of the U.P. Panchayat Raj Act, 1947 defines Gram Panchayat as follows:-

(h) "Gram Panchayat" means the Gram Panchayat constituted under Section 12.
346 INDIAN LAW REPORTS ALLAHABAD SERIES

11. Section 12 as referred to in the above definition of the 1947 Act is reproduced
hereunder:-

12. Gram Panchayat. -(1) (a) There shall be constituted for every Panchayat area, a
Gram Panchayat bearing the name of the Panchayat area.

(b) Every Gram Panchayat shall be a body corporate.

(c) A Gram Panchayat shall consist of a Pradhan and in the case of a Panchayat
area having a population of

(i) upto one thousand, nine members; more than two thousand but not

(ii) more than two thousand, eleven members;

(iii)more than two thousand but not more than three thousand, thirteen members; or

(iv)more than three thousand, fifteen members

(d) For the purpose of election of members of Gram Panchayat every Panchayat
area shall be divided into territorial constituencies in such manner that the ratio between the
population of each constituency and the number of seats allotted to it shall, so far as a practicable,
be the same throughout the Panchayat area.

(e) Each territorial constituency of a Gram Panchayat shall be represented by one
member in the Gram Panchayat.

 (f) The territorial constituencies of a Gram Panchayat may be delimited in the
prescribed manner and, if necessary, rules in this regard may be made with retrospective effect
from a date not earlier than the date of commencement of the Uttar Pradesh Panchayat Laws
(Amendment) Act, 1994.]

(2) * * *

(3)(a)A Gram Panchayat shall, unless sooner dissolved under Clause (f) of subsection (1) of Section 95, continue for five years from the date appointed for its first meeting and
no longer.

(b) An election to constitute a Gram Panchayat shall be completed

(i) before the expiry of its duration specified in Clause (a);
(ii) before the expiration of a period of six months from the date of its dissolution :
6 All. Vinod Kumar Mishra Vs State Of U.P. & Ors.

347
Provided that were the remainder of the period for which the dissolved Gram
Panchayat would have continued is less than six months, it shall not be necessary to hold any
election under this sub-section for constituting the Gram Panchayat.

(c) A Gram Panchayat constituted upon the dissolution of a Gram Panchayat
before the expiration of its duration shall continue only for the remainder of the period for which
the dissolved Gram Panchayat would have continued under Clause (a) had it not been so dissolved.

(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.

(3-A) Notwithstanding anything contained in any other provisions of this Act,
where due to unavoidable circumstances or in public interest, it is not practicable to hold and
election to constitute a Gram Panchayat before the expiry of its duration, the State Government or
an officer authorized by it in this behalf may, by order, appoint an Administrative Committee
consisting of such number of persons qualified to be elected as members of the Gram Panchayat, as
it may consider proper or the Administrator and the members of the Administrative Committee or
the Administrator shall hold office for such period not exceeding six months as may be specified in
the said order and all powers, functions and duties of the Gram Panchayat, its Pradhan and
Committees shall vest in and be exercised, performed and discharged by such Administrative
Committee or the Administrator, as the case may be.

(4) The term of a member of Gram Panchayat shall, unless otherwise determined
under the provisions of this Act, expire with the term of the Gram Panchayat.

(5)(a) In very Gram Panchayat, seats shall be reserved for the Scheduled Castes,
the Secheduled Tribes and the backward classes and the number of seats so reserved shall, as nearly
as may be, bear the same proportion to the total number of seats in the Gram Panchayat, as the
population of the Scheduled Castes in the Panchayat area or of the Scheduled Tribes in the
Panchayat area or of the backward classes in the Panchayat area bears to the total population of
such area and such seats may be allotted by rotation to different territorial constituencies in a Gram
Panchayat in such order as may be prescribed :

Provided that the reservation for the backward classes shall not exceed twentyseven percent of the total number of seats in the Gram Panchayat;

[Provided further that if the figures of population of the backward classes are not
available, their population may be determined by carrying out a survey in the prescribed manner.]
348 INDIAN LAW REPORTS ALLAHABAD SERIES

(b) Not less than one-third of the seats reserved under Clause (a) shall be reserved
for the women belonging respectively to the Scheduled Castes, the Scheduled Tribes and the
backward classes.

(c) Not less than one-third of the total number of seats in the Gram Panchayat,
including the number of seats reserved for women under Clause (b), shall be reserved for women
and such seats may be allotted by rotation to different territorial constituencies in a Gram
Panchayat in such order as may be prescribed.

(d) The reservation of seats for the Scheduled Castes and the Scheduled Tribes
shall cease to have effect on the expiration of the period specified in Article 334 of the
Constitution.

Explanation - It is clarified that nothing in this section shall prevent the persons
belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes and the women
from contesting election to unreserved seats.

(6) The Pradhan shall be deemed a member of the Gram Panchayat.]

12-A. Manner of election - The election to the office of a Pradhan or Up-Pradhan
2[* * *] or a member of a Gram Panchayat shall be held to secret ballot in the manner prescribed.

12-E. Oath of office - (1) 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 prescribed.

(2) Any member who declines or otherwise refuses to make and subscribe such
oath or affirmation as aforesaid shall be deemed to have vacated the office forthwith.

12. Thus, the Gram Sabha is a Village comprising of the persons registered in the electoral
rolls relating to the village within a Gram Panchayat. A Gram Panchayat can consist of different
villages as well. It is this Gram Panchayat constituted at the village level that exercises authority in
a panchayat area which may comprise of a single village or group of villages as per Section 11-F of
the 1947 Act. The Gram Panchayat is to consist of a Pradhan as per Section 12 (1) (c) of the 1947
Act whose election is to be held under Section 12-A and who takes oath of office under Section 12E. The Panchayat therefore is chaired by the Pradhan. The power and duties of the Pradhan are
referred to in the U.P. Panchayat Raj Rules, 1947 that would be discussed here-in-after. Thus, a
Gram Sabha is governed by the local body of Gram Panchayat. It is the Gram Panchayat which is
constituted for the said purpose with the Pradhan as its head to discharge official duties. The
functions and duties of the Gram Panchayat are separately defined under Chapter IV of the U.P.
Panchayat Raj Act, 1947 and Section 15 (xxix) is the relevant provision pertaining to the present
subject matter of public distribution system. It is to be noted that the grant of a license for
distribution of a fair price shop is entrusted to a procedure under the Government Order dated
6 All. Vinod Kumar Mishra Vs State Of U.P. & Ors.

349
17.8.2002 to the Gram Sabha in its open meeting, and not to the Gram Panchayat, but Section 15
(xxix) of the 1947 Act thereafter requires that the promotion of public awareness and the
monitoring of the public distribution system relating to essential commodities is within the
functions of the Gram Panchayat.

13. It is here that the duties of the Pradhan of the Gram Panchayat need to be referred to.
Rules 47 and 47-A of the U.P. Panchayat Raj Rules, 1947 are extracted hereunder:-

47. Duties of the Pradhan of Gaon Panchayat - Unless prevented by reasonable
cause, it shall be the duty of the Pradhan -

(a) (i) to convene and preside at all meetings of the Gaon Sabha and the Gaon
Panchayat; and

(ii) to control the transaction of business at the meetings and preserve order;

(b) to watch over the finance and superintend the executive administration of the
Gaon Panchayat and bring to its notice any defect herein;

(c) to superintend and control the establishment maintained by the Gaon
Panchayat;

(d) to carry out the resolution of the Gaon Panchayat;

(e) to arrange for the maintenance of the various registers provided under the rules
and to carry on all correspondence on behalf of the Gaon Panchayat and the Gaon Sabha;

(f) to arrange for the execution of various works for the custody of the property of
the Gaon Panchayat and for the assessment and collection of taxes, rates and fees imposed by the
Gaon Panchayat;

(g) to file civil case and launch prosecution on behalf of the Gaon Panchayat
and the Gaon Sabha; and

(h) to perform such other duties as are required of or imposed on him by or
under the Act or any other law.

47-A. Special powers of the Pradhan - In the case of any grave emergency and
under intimation of the Prescribed Authority, Pradhan may do any work which the Gaon Panchayat
has power to do without obtaining the prior sanction of the Gaon Panchayat, but the matter shall be
placed before the Gaon Panchayat, at its next meeting.
350 INDIAN LAW REPORTS ALLAHABAD SERIES

14. A perusal of Rule 47 (g) extracted here-in-above would leave no room for doubt that
the duty of the Pradhan is to file civil cases and launch prosecution on behalf of the Gram
Panchayat and the Gram Sabha both which in our opinion cannot be delegated except to the extent
of special provisions referred to here-in-above. This is equally true for all the other functions as
prescribed in the above quoted rules.

15. In order to understand the aforesaid issue, the first and foremost aspect to be dealt with
is the manner of the election of the Pradhan. A Pradhan is elected under the provisions of Section
11-A, 11-B and 12-A of Chapter III-A of the U.P. Panchayat Raj Act, 1947. By virtue of such an
election, which is a direct election by the voters exercising their right of adult franchise through
secret ballot by a single transferable vote, the Village Pradhan therefore is a direct representative of
the residents of the Village for discharge of all official functions entrusted to the office under the
relevant Act, Rules and directives issued by the State Government in this regard. The essential
function of the Pradhan therefore on behalf of the Gram Panchayat/Gram Sabha is to represent its
cause in official capacity directly, and such authority under the Statute to represent flowing from
the will of the people has not been otherwise delegated or substituted in favour of the family
members of the elected Village Head/Gram Pradhan. In the present case, it is the husband who has
filed this writ petition. This logic would extend equally to the husband, son, father or any such
relative, friend, representative or well-wisher. The Gram Pradhan cannot abdicate such an essential
function in favour of any such category of persons, who are neither the statutory delegates or
substitutes of the Pradhan. The discharge of official duty of the Pradhan therefore stems from the
confidence reposed by the public at large directly in the elected Pradhan, and not in favour of the
family members, as in the present case to the husband of the Village Pradhan. A clear distinction
therefore has to be drawn between sympathizing with the family of the candidate who is occupying
the office of the Village Pradhan as against the discharge of official functions after election by the
Pradhan. By exercise of the right of franchise, the voter cannot be presumed to have under any law
delegated the authority in favour of the family members. This would cut directly against the first
principles of a modern democracy where the expression of will of the people is in favour of a
particular individual under law which prescribes a direct election to the office of the Village
Pradhan.

16. The second step after elections are declared under a certification by the District
Magistrate of the district under the 1947 Act is the taking of the Oath of the Village Pradhan which
is prescribed under Section 12-E of the Act read with the Uttar Pradesh Panchayat Raj (Oath of
Office of Pradhan, Up-Pradhan, Panch, Sarparch, Sahayak Sarpanch and Member of Gram
Panchayat) Rules, 1994. The Oath therefore prescribed is administered to the Village Pradhan, and
not to his family members or to the husband as in the present case. Consequently, the discharge of
duties under such an Oath is the direct responsibility and obligation of the Pradhan, and not of any
other person including the husband of the Village Pradhan. The official duties and discharge of
official functions therefore are the responsibilities of the Pradhan.

17. Then comes the functions assigned to the office of the Pradhan which also includes
administrative and financial functions. Here also, whether it is the operation of accounts of the
6 All. Vinod Kumar Mishra Vs State Of U.P. & Ors.

351
Gram Sabha or whether it is the signing of the resolutions or act as the Chairman of the Land
Management Committee for settlement of Gram Sabha Land and its properties, or exercising such
control as defined under the Act and Rules directly envisages the discharge of duties by the
Pradhan, and not by the family members, friends, representatives or well-wishers including the
husband as involved in the present case. There is no rule or regulation or any provision under the
Act for any relative of the Gram Pradhan to act as a substitute for discharging official duties. In
short, the office is not heritable during the subsisting tenure of the Gram Pradhan.

18. This being the position of discharge of functions there is yet another dimension with
regard to pursuit of legal matters. The functions entrusted under the relevant Rules to either the
Gram Sabha or Gram Panchayat cannot be unilaterally taken over by the Pradhan or a delegate be it
a relative or friend.

19. For the purpose of conducting any litigation on behalf of the Village Panchayat of the
Gram Sabha, there are provisions made under the U.P. Panchayat Raj Act, 1947 and the Rules
framed thereunder read with the Gram Sabha Manual framed in this regard.

20. Additional provisions relating to land management, property and funds have now been
statutorily also incorporated in the U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules,
2016. A perusal of the said provisions would leave no room to doubt that the Gram Panchayat is to
be represented by the Pradhan through an empanelled Lawyer and the Village Pradhan in a private
capacity cannot pursue a litigation on behalf of the Village Panchayat of the Gram Sabha in official
capacity.

21. In matters arising out of land management, property and funds, the procedure for
pursuing litigation on behalf of the Gram Panchayat has been specifically provided for under
Sections 72 and 73 of the U.P. Revenue Code, 2006. The same has been further to be executed
through empanelled lawyers with responsibilities which have been further elaborated in Rules 72
and 76. U.P. Revenue Code Rules 2016. This is further supplemented with instructions for conduct
of Gram Panchayat litigation as per Rule 74 (f) and the details thereof given in Appendix - II that
prescribes the procedure of litigation where clear instructions have been given, that it is either the
Pradhan or a Member of the Gram Panchayat duly authorized who can represent litigation on
behalf of the Gram Panchayat with the aid of the Secretary of the Gram Panchayat and the
empanelled lawyers as provided therein and also to maintain records, but the aforesaid Rules and
the directions are in relation to matters arising out of the U.P. Revenue Code 2006 and the Rules
framed thereunder.

22. This is not to say that a Pradhan cannot have an individual right where the Pradhan is
personally affected inasmuch as if the Pradhan is facing an election petition or any personal
dispute, the Pradhan would not be discharging an official function and would be defending or
opposing a personal cause but when it comes to the discharge of official functions, the prescription
of law has to be followed.
352 INDIAN LAW REPORTS ALLAHABAD SERIES

23. In the present case, the cause espoused is about the discharge of an official function in
ensuring distribution of essential commodities to the villagers through a resolution of the Gram
Sabha which is to be executed by the Pradhan. The aforesaid meeting is alleged to have been
bypassed and which official function is sought to be implemented by seeking a mandamus through
this petition to the Sub-Divisional Magistrate for ensuring the said process to be adopted. Thus, this
being an official function of the Village Panchayat under Section 15 (xxix) of the 1947 Act read
with the Government Order dated 17.8.2002, in our opinion, cannot be directly espoused on behalf
of the Gram Panchayat or the Gram Pradhan by the husband of the Pradhan or for that matter, as
observed above, by any of his or her family members or such class of persons who cannot and are
incapacitated from substituting themselves for the Pradhan. This is also necessary to insulate the
functioning of the Pradhan which is fraught with dangers inasmuch as it involves handling of
finances and dealing with Gram Sabha property. It is under the signatures of the Pradhan that such
functions are to be carried out and therefore any such substitute or delegate including the pursuit of
a litigation cannot be permitted under the signatures of the family members of the Gram Pradhan or
her husband as in the present case. We have dealt into this matter as the facts of the present case
have given rise to this issue but at the same time, in order to ensure that this philosophy of
Pradhanpati, Pradhanputra, Pradhanpita, etc., deserves to be directly curtailed.

24. An argument can be raised in favour of female Gram Pradhans who have been elected
on account of seats being reserved for women that they are either housewives or illiterates or even
otherwise not very capable of handling the affairs of the office of Gram Pradhan. We cannot part
with an interpretation on the strength of any such presumption inasmuch neither the Act nor the
Rules or any other statutory provision or for that matter, not even the Constitution of India does
envisage any such presumption so as to enable the delegation or substitution of official duties in
favour of the husband of the Gram Pradhan or her family members. This would amount to clearly
re-writing the law and would not be a sound rule of interpretation for judging the issue merely on
the ground that the Village Pradhan is a female, as that would amount to a presumption in the teeth
of the provisions that may extend to gender injustice. It cannot be presumed that women are not
capable of discharging their duties when the thrust of contemporary thought in local governance is
clearly in favour of women empowerment that stands clearly protected under the constitutional
umbrella. If a woman is lagging behind then their direct exposure would further enhance their
participation in a democracy and strengthen the empowerment that is envisaged eradicating the age
old shadow of patriarchy.

25. In this regard, it would be appropriate to refer to the status of the women and their
social status which does not appear to have improved a lot that can be assessed on the strength of
what was written way back in 1939 by a celebrated Journalist Ranjee G. Shahani in his book Indian
Pilgrimage chapter XXVIII, "The Grandeur and Servitude of the Indian Woman", and compared to
that what has been viewed by a contemporary journalist, Ms. Barkha Dutt in her book titled "This
Unquiet Land" in Chapter - I The Place of Women. However, at the same time, there should be no
attempt of any interpretation that would adversely affect the enforcement of the equality clause and
reflect any gender incapability. Thus, to allow any substitute or delegate to usurp official duties of a
6 All. Pintoo Singh @ Prashant Singh Vs State Of U.P. & Anr.

353
female Pradhan would be against the interest of this social and constitutional philosophy, hence the
said possible argument deserves to be rejected outright.

26. It would also otherwise impede the exposure and the functioning of the directly elected
representative who is intended and authorized to function as the Village Pradhan under the direct
will of the people read with the legal provisions aforesaid. Any other person trying to pose himself
or herself to be a Village Pradhan as a substitute may also give rise to a situation of a criminal
liability as well. Thus, the responsibility and obligation of the Village Pradhan being individual
which cannot be delegated in any form to the family members or to the husband as in the present
case, deserves to be notified to all concerned Village Pradhans in the entire State in order to ensure
their effective functioning and also to avoid any such embarrassment or ignominy in future in the
discharge of such official functions that may give rise to legal complications.

27. We therefore direct the respondent No.1 as also the Secretary, Panchayat Raj,
Government of U.P. to take notice of this judgment and issue necessary executive directions that
may be required in this regard forewarning all Village Pradhans through the respective authorities
in all the districts of the State of U.P. with regard to their discharge of official functions and duties
as observed here-in-above.

28. We however find that the petitioner in his own capacity individually could not have
maintained such a petition but since the prayer made is in the larger interest of the villagers for
grant of license for ensuring an effective public distribution system through the procedure
prescribed under law, we leave it open to the respondent No.4 to examine this and to take necessary
steps in case the license has already not been granted for implementing the Government Order
dated 17.8.2002 as well as the subsequent Government Orders in their true letter and spirit after
following the due procedure prescribed therein within a reasonable time expeditiously.

29. The writ petition stands disposed off with the said observations.
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ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 20.06.2016

BEFORE

THE HON'BLE SURYA PRAKASH KESARWANI, J.

Application U/s 482 No.- 18835 Of 2016

Pintoo Singh @ Prashant Singh ...Applicant
Versus
State Of U.P. & Anr. ...Respondents

Counsel for the Applicant:
Jeevan Prakash Sharma