JUDGMENT Hon’ble Vineet Saran, J.—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. 2. I have heard Sri Gyanendra Kumar Singh, learned counsel appearing for the petitioner as well as learned Standing Counsel appearing for the State-respondents. 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 Up-Pradhans) 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 of 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 bye-election 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. 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. ———