UPHJS2018-2
Main Exam

Q.7 (C) What are the essential prerequisites for directing Re counting of votes by Election Tribunal hearing election petition questioning the election of a Pradhan of a gram panchayat? Discuss with reference to case law on the subject. 10 marks

Answer and Notes

UPHJS2018-1
Pre. Exam

5. Under which section of the U.P. Panchayat Raj Act, 1947 the State Government has power to reserve offices of Pradhan for Schedule Castes, the Scheduled Tribes and the Backward classes under *.
(a) Section 11
(b) Section 11A (2)
(c) Section 11 D
(d) Section 11E

Answer and Notes Answer is B

Explanation : According to section 11-A (2) of U.P. Panchayat Raj Act, 1 the State Government shall, by order, reserve offices of Pradhans for the Sched Castes, the Scheduled Tribes, and the Backward Classes.

UPHJS2018-1
Pre. Exam

52. On death of sole petitioner, election petition under Section 12-C of the U.P. Panchayat Raj Act, 1947 can be continued :
(a) by his legal heirs
(b) by any other losing candidate
(c) by legatee of the petitioner
(d) None of them

Answer and Notes Answer is D

Explanation: On the death of sole petmoner in election petitioner the proceedings
cannot be continued because the right to sue does not survive.

UPHJS2018-1
Pre. Exam

53. Which of it is incorrect; No person can simultaneously :
(a) be the Pradhan of a Gram Panchayat and a Panch of Nyay Panchayat
(b) be the Pradhan and member of the Gaon Sabha
(c) be the member of a Gram Panchayat from more than one territorial
constituency
(d) be a member of Gram Panchayat and a Panch of Nyay Panchayat

Answer and Notes Answer is B


Explanation : Section 11-D of U.P. Panchayat Raj Act, 1947 provides for Prohibition of holding certain offices simultaneously. It expressely mentions options
(a), (c) & (d) but not (b).

UPHJS2012
Pre. Exam

98. Where the office of Pradhan is vacant by resignation of previous incumbent, which of the following procedures be adopted for discharging the duties of Pradhan?
(A) The Gram Sabha shall pass a resolution by 2/3rd majority electing any other person to discharge the duties of Pradhan
(B) The Gram Panchayat shall pass a resolution electing any member of Gram Panchayat to act as Pradhan
(C) The Up-Pradhan shall discharge duties of Pradhan till fresh election is held for the office of Pradhan
(D) The prescribed authority shall nominate a member of the Gram Panchayat to discharge the duties of Pradhan.

Answer and Notes Answer is D



UPHJS2009
Pre. Exam

37. Which amongst the following is correct process for removal of the Pradhan of a Gaon Sabha?
(A) The Pradhan can be removed by majority of the villagers
(B) The Pradhan can be removed by majority of the members of the Gram Sabha
(C) The Pradhan can be removed by the majority of two-third of the members of the Gaon Sabha present and voting
(D) By an order passed by District Deputy Collector

Answer and Notes Answer is C

UPHJS2016
Pre. Exam

38. A disqualified person, elected as a Pradhan/Member of Gram Panchayat by concealing facts, can be removed :
(a) By filing election petition under Section 12 (c) of U.P. Panchayat Raj Act, 1947
(b) By initiating a proceeding under Section 95 (1) (g) of the U.P. Panchayat Raj Act, 1947
(c) By both (a) and (b)
(d) None of the above

Answer and Notes Answer is B


Sandeep : Section 95 (1) (g)(v) of U.P. Panchayat Raj Act, 1947 provides for initiating proceeding for removal of Pradhan or member of Gram Panchayat or a Joint Committee or Bhumi Prabandhak Samiti. This power is vested with State Government.