(1.) After hearing the learned Counsel for parties the petition was dismissed on 28-10-1992, the reasons were to be follow, these are the reasons.
(2.) Whether on the election petition filed against the elected UP Pradhan (Petitioner) having been allowed and election of the Up Pradhan having been set aside, can the office of the Up. Pradhan Be deemed to have become vacant and in such a situation could the prescribed Authority nominate any member of the Gaon Panchayat to discharge the duties of the Pradhan (who was dead) under section 12-J of U.P. Panchayat Raj Act, 1947 (the Act) is a short question for determination in the present petition, filed by the elected Up Pradhan whose election has been set aside by the order dated 31-7-1990 (Annexure C.A. II) to the counter affidavit.
(3.) The impugned order dated 25-1-1992 was not filed alongwith petition nominating Respondent No. 2 as Pradhan, who shall discharge the function of the Pradhan, but the same has been filed as Annexure C.A. I alongwith counter affidavit.