- (1.)SUNIL Ambwani, J. Heard Shri Shashi Nandan, Senior Advocate assisted by Shri Namit Srivastava for the petitioner and Shri A. K. Singh and Shri S. R Singh for the contesting respondent. Learned Standing Counsel appeared for the State respondents.
(2.)SMT. Manju Devi was elected as Pradhan of Village Jungal Aktaha, Nyay Panchayat Chhapault Tappa Nagwa Tikar, Pargana Silhat, Vikas Khand Gauri Bazar Tehsil Rudrapur, District Deoria. Shri Surendra Pratap Singh filed an Elec tion Petition under Section 12-C (2) of U. P. Panchayat Raj Act, 1947 (in short, the Act), challenging the elections on the ground that his nomination paper was wrongly rejected a day before elections as he had resigned from the post of Chairman of the Cooperative Cane Development Union Limited Gauri Bazar, before filing the nominations. The District Magistrate did not have the authority to cancel his candidature and to put a cross mark on the ballots, on his name and election symbol. The election petition was allowed and the elections were set aside by the Sub Divisional Magistrate, Rudrapur on 9. 8. 2007, with the directions to hold fresh elections. A revision, under Section 12-C (6) of the Act arising out of order of the Prescribed Authority, was dismissed by the Special Judge, (E. G. Act) Court No. 5 Deoria, on October 4, 2007.
The petitioner has challenged the order of the election tribunal and the judgement in revision in Writ Petition No. 51042 of 2007. The Court has, by its order dated 15. 11. 2007, stayed the fresh elections of the Pradhan till the next date of listing. The interim order was extended on 20. 12. 2007, 8. 1. 2008 and there after on 5. 2. 2008 till 31. 3. 2008.

In the meanwhile, the District Magistrate made a temporary arrangement under Section 12-J (2) of the Act by nominating one Shri Lal Bihari Pandey to Officiate as Pradhan of the village. This temporary arrangement was challenged in Writ Petition No. 4945 of 2008. By an interim order dated 28. 1. 2008, both the writ petitions were connected. With the consent of parties, both the writ petitions were heard and are being finally decided.

(3.)THE short question, which calls for consideration of the Court in both these writ petitions, is whether the nomination of Shri Surendra Pratap Singh could be rejected by the District Magistrate on the basis of some clarification issued by the State Election Commission on 8. 8. 2005, without giving him any opportunity of hearing, and that whether Shn Surendra Pratap Singh had in fact resigned from the post of Chairman of the Cooperative Cane Development Union Ltd. , Gauri Bazar on 2. 8. 2005 and the resignation was accepted on 16. 8. 2005.
The election programmes, notified by the State Election Commission for the elections of Pradhan for the year 2005, provided: Date of filing nomination papers Scrutiny of nomination papers Return of nomination paper Date of allotment of election symbols Date of polling Date of counting -2. 8. 2005 to 4. 8. 2005 -5. 8. 2005 to 6. 8. 2005 -7. 8. 2005 to 8. 8. 2005 -8. 8. 2005 -20. 8. 2005 - 28. 8. 2005 and 29. 8. 2005