Neutral Citation No. - 2025:AHC:66444 Court No. - 33 Case :- WRIT - C No. - 12913 of 2025 Petitioner :- Rita Devi Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Balwant Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The order dated 04.04.2025 passed by the District Magistrate, Deoria is under challenge by which respondent No.5/Sanjay son of Shyam Bihari has nominated to discharge duties of Gram Pradhan on officiating basis till regular appointment is made in exercise of power under Section 12-J of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as "Act 1947"). 2. It is contended by the counsel for the petitioner that the said order is inconsistent with the law laid down by this Court in Udaivir Vs. State Election Commission of U.P. 2009(106) RD 151 and Sri Kamta Pal Vs. State of U.P. and others 2010 (3) AWC 3045. 3. Learned Standing counsel fairly stated that before making nomination by means of impugned order dated 04.04.2025, no steps were taken by respondent no.2 for obtaining opinion of the Members of Gram Panchayat or otherwise to decide as to who should be nominated but a nomination by pick and choose method has been done. 4. It cannot be disputed that nomination has to be made if the post of a Gram Pradhan is vacant by reason of death, removal or otherwise and this power is vested in the Prescribed Authority under Section 12-J and therefore such an arrangement can be made. 5. In the facts and circumstances of the case, in my view, the District Magistrate, Deoria be directed to hold meeting of members of Gram Panchayat of Village Ratasiya, Block Bankata, District Deoria within ten days and after obtaining opinion of majority, as the case may be, exercise power under Section 12-J. I order accordingly. 6. The impugned order dated 04.04.2025 shall not come in the way of passing a fresh order. Till then the present arrangement may continue but respondent No.5 shall not be allowed to take any policy decision and he shall only discharge day to day function. 7. With the aforesaid direction, the writ petition is disposed of. Order Date :- 29.4.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad