Neutral Citation No. - 2025:AHC-LKO:47026 Court No. - 6 Case :- WRIT - C No. - 7755 of 2025 Petitioner :- Ganga Devi Respondent :- State Of U.P. Thru. Prin. Secy. Panchyat Raj Deptt. Lko. And 4 Others Counsel for Petitioner :- Amit Kumar Singh,Ashwini Pratap Singh,Gaurav Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondent(s) and perused the material brought on record. 2. The present petition has been filed by the petitioner with the following prayer: "1. To issue a writ, direction or order in the nature of certiorari quashing the impugned order date 25.07.2025, contained as Annexure No. 1 to writ petition, passed by respondent no. 3 i.e., District Panchayat Raj Officer District Sitapur. 2. To issue a writ, direction or order in the nature of Mandamus directing the respondent nos. 2 and 3 to call the meeting of elected members of Village Panchayat Jainpur Sohraiya, development block Khairabad, Tehsil and district Sitapur to ascertain their wishes qua the appointment of officiating Pradhan of Village Panchayat Jainpur Sohraiya, district Sitapur. 3. To issue a writ, direction or order in the nature of Mandamus directing the District Magistrate, respondent no. 2 herein, to decide the representation date 29.07.2025, contained as Annexure No. 3 to this Writ Petition, in speaking and reasoned manner within stipulated time as decided by this Hon'ble Court." 4. Brief facts of the present case is that, one Shyam Lal, who was holding the post of 'Gram Pradhan' had unfortunately died on 11.07.2025. After his death, it was informed to the Assistant Development Officer (Panchayat) and the same was also informed to the District Magistrate with a request for filling the post, which was rendered vacant on account of death of the elected Gram Pradhan. The District Magistrate, in pursuance to the powers vested in him by virtue of Section 12-J of the Uttar Pradesh Panchayat Raj Act, 1947 appointed the opposite party no.5 as 'Gram Pradhan', the said order is under challenged. 5. The contention of learned counsel for the petitioners is that, even for exercise of powers under Section 12-J of the Uttar Pradesh Panchayat Raj Act, it is essential and incumbent that the wishes of the other members are taken into account. This aspect was dealt with by a Division Bench of this Court in the case of Shyamu vs. State of U.P. & Ors.:(2010) 8 ADJ 459 and follow in the case of Shyam Rang and others vs. State of U.P. and others:Neutral Citation No.2023:AHC-LKO:85073. 6. Learned Standing Counsel, based upon instructions states that the views of the other members was not taken prior to passing of the appointment order of the respondent no.5. 7. Following the aforesaid judgments, the order impugned dated 25.07.2025 is set-aside with a direction to the District Panchayat Raj Officer to take steps for appointment of the Gram Pradhan afresh in the light of the directions given in the case of Shyamu (Supra) and in the case of Shyam Rang (Supra) with all expedition, preferably within a period of six weeks from today. 8. With the aforesaid observations, the petition stands allowed. 9. It is made clear that the respondent no.5 would also be entitled to be considered in accordance with law. Order Date :- 12.8.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench