HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8934 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel. 2. The instructions produced by learned Standing Counsel today in the Court are taken on record. 3. As a very short point is involved, the same can be decided based upon the averments made in the writ petition and the instructions. 4. The petitioner, who was the elected Gram Pradhan was taken into custody for an offence and subsequently was enlarged on bail on 20.12.2024. The instructions on record states that on 16.12.2024 on account of detention of the Gram Pradhan, the orders were passed for appointing one Smt. Nisha Devi under Section 12-J of the Panchayat Raj Act, 1947. However, she was not interested in joining and ultimately gave a communication on 09.07.2025 expressing her inability to work as a Gram Pradhan. Thereafter, the order impugned came to be passed on 27.08.2025 under Section 12-J of the U.P. Panchayat Raj Act, 1947, whereby one Shri Uday Lal has been appointed as a Gram Pradhan. 5. The contention of learned counsel for the petitioner is that although the petitioner was admittedly detained and was enlarged on bail on 20.12.2024, the petitioner has neither been removed nor has resigned, nor is otherwise incapable to act as Gram Pradhan on account of his illness or any reason whatsoever. The power exercised under Section 12-J is Versus Counsel for Petitioner(s) : Shashi Kant Tripathi, Manoj Kumar Mishra Counsel for Respondent(s) : C.S.C. Alauddin Alias Alauddin Shah .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Panchayati Raj Lko. And 5 Others .....Respondent(s) unauthorized and without authority of law. There is no dispute that the petitioner is an elected Gram Pradhan. 6. Section 12-J of the U.P. Panchayat Raj Act, 1947 is quoted herein- below: "12-J. Temporary arrangement in certain cases- Where the office of Pradhan is vacant by reason of death, removal, resignation or otherwise or where the Pradhan is incapable to act by reason of absence, illness or for any reason whatsoever, the prescribed authority shall nominate a member of the Gram Panchayat, to discharge the duties and exercise the powers of Pradhan until such vacancy in the office of Pradhan is filled in, or until such incapacity of Pradhan is removed." 6. Considering that any of the eventualities for exercise of powers under Section 12-J of the Act being absent, the process of appointment taking recourse to Section 12-J of the Act is without any authority of law and thus, on the said sole ground, the order impugned cannot be sustained and is set aside. 7. The petitioner may move an appropriate application for being permitted to work as a Gram Pradhan, which shall be considered in accordance with law. 8. The petition stands disposed of in terms of above. September 17, 2025 Ashutosh WRIC No. 8934 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench