S. D. Agarwala, J. - (1.) THE dispute relates to the office of Pradhan of Gaon Sabha village Nangli, Jamalpur, P. O. Kurmali, District Muzaffarnagar. On 5-7-1988, election for the office of Pradhan was held. In the said election, Chandra Pal Singh and Surendra Pal Singh were candidates. THE election was held and ultimately Surendra Singh was declared elected. Chandra Pal Singh filed an election petition under section 12C of the U P. Panchayat Raj Act, 1947 questioning the validity of the declaration of the result in favour of Surendra Singh. This petition was filed before the Sub-Divisional Magistrate, Kairana who is the Prescribed Authority under the Act. During the pendency of this petition, Surendra Singh, the return candidate died. Consequently, by an order dated 27th October 1988, the Prescribed Authority abated the petition. Aggrieved by the said order, a writ petition no. 23748 of 1988 was filed in this court.
(2.) AFTER the election petition had been abated by an order dated 27th October, 1988, fresh elections were declared to be held and next election programme was fixed by the District Magistrate by the order dated 28-2-1989. The petitioner, consequently, challenged the election programme dated 28th February, 1989 by means of a fresh writ petition no. 4141 of 1989. In this petition, the petitioner obtained an interim order to the effect that the election of the office of the Pradhan was not to be held. Both these petitions are being contested by Sri Sankatha Rai who appears on behalf of Dharam Pal Singh who was a candidate in the election which was subsequently held after the death of Surendra Singh.
(3.) WE have heard learned counsel for the petitioner in both these petitions and Sri Sankatha Rai on behalf of Dharam Pal Singh. Since both these petitions relate to the same subject matter, they are being decided by a common order. The contention raised by the petitioner in both these petitions is that the Prescribed Authority could not have abated the election petition filed by him and such fresh election sought to be held for the office of the Pradhan cannot be held and the entire proceedings for the election are liable to be quashed.;