B. S. BHAUHAN AND ARUN TANDON, JJ.

This Special appeal has been preferred against the impugned judgment and order of the Honble Single Judge dated 11th April, 2008 passed in Civil Misc. Writ, Petition No. 53468 of 2007; Udaivir v. The State Election Commission of U. P. through its Chairman and others, filed by the appellant against appointment of re spondent No. 7 as officiating Pradhan has been dismissed.

2. The Honble Single Judge after considering the facts and law applicable came to the conclusion that the wishes of the elected members of the Gram Panchayat could have been ascertained before nominat ing any member to officiate as Pradhan till the regular election qua the office is held, in exercise of powers under section 12-J (2) of the U. P. Panchayat Raj Act.

3. We have heard Sri B. N. Singh, learned Counsel for the appellant-petitioner, Sri S. C. Pandey, learned Counsel for respondent No. 7, Sri K. P. Singh, learned Counsel for respondent No. 1 and learned Standing Counsel for other re spondents, and perused the records of the present special appeal.

4. Considering the basic concept of the democracy set up for the Panchayat Raj under the provisions of Article 243 of the Con

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