JUDGMENT : B.L. YADAV, J. 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) u/s 12-J of Uttar Pradesh 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. 4. The factual matrix of the case is that the Petitioner was elected as Up Pradhan, whereas nomination papers filed by the Respondent No. 2, were rejected, primarily because there was arrears of taxes against him. The Respondent No. 2 filed the election petition u/s 12-C of the' Act before the Prescribed Authority. After taking evidence from both sides and after hearing them the election petition was allowed by the order 31-7-1990. The Petitioner averred that he has filed revision and interim stay was obtained. A certified copy of the order vacating the interim stay was shown. 5. learned Counsel for the Petitioner urged that as Petitioner has filed the revision hence it can not be said that the office of Up Pradhan has become vacant as contemplated by section 12-J(2) of the Act, unless there was vacancy, the prescribed authority would have no power to pass the order appointing any member of the Gaon Panchayat to discharge the duties of Pradhan. 6. 6. learned Counsel for the Respondent No. 2 however, refuted the contentions of the learned Counsel for the other side and urged that as soon as the election petition is allowed and the election of the Up Pradhan is set aside, vacancy was created and it empowered the Prescribed Authority to pass the order nominating a member of the Gaon Panchayat to discharge the duties and exercise powers of the Pradhan. Revision filed by the Petitioner against the order dated 31-7-1990 alongwith election petition has been dismissed and the interim stay vacated, hence the impugned order nominating the Respondent No. 2 to discharge the duties of the Pradhan was perfectly legal and there was no justification to interfere with the impugned order. 7. As counter Affidavit and Rejoinder affidavit have been exchanged, learned Counsel for the parties agreed that the petition itself may be decided on merits. Consequently I proceed to decide the petition on merit. 8. Having heard learned Counsel for the parties principle questions for determination is as to whether election petition against election of the Up Pradhan having been allowed, can the office of Up Pradhan be said to have become 'vacant' so as to empower the prescribed authority to nominate any member of the Gaon Panchayat to discharge the duties of the Pradhan (who was dead). 9. EX ABUNDANTI CAUTELA the statutory provisions of section 128 of the Act so far as same is relevant is set out. Section 12-J(1) Where the office of Pradhan is vacant by reason of death, removal, resignation or otherwise or where the Pradhan is incapable to act by reason of absence, illness or otherwise the Up Pradhan shall exercise all powers and discharge all duties of the Pradhan. Section 12-J(2) Where the office of both Pradhan and Up Pradhan are vacant for any reason whatsoever, or when both Pradhan and Up Pradhan are incapable to act for any reason whatsoever, the prescribed authority shall nominate a member of the Gaon Panchayat to discharge the duties and exercise the powers of the Pradhan until such vacancy in the office of either the Pradhan or the Up Pradhan is filled in or until such incapacity of either of the two is removed. 10. 10. It is the cardinal principle of the interpretation of the statute that not only every part of statute has to be read together but every part of the section has to be read and construed together, in a harmonious way, with a view that word employed becomes effective and no part of the" statute is rendered nugatory nor any word is to be treated surplusage. The Maxim is "VERBA QUAE ALIQUID OPERARI POSSUNT NON DEBENT ZSSE SUPERFLUA." 11. There is another Maxim "VERBA SECUNDUM MATERIAM SUBJECTUM INTELLING NEMO ZST QUI NESSCIT" which connotes that there is no one who is ignorant that words should be understood according to subject matter. Section 12-J may be read alongwith rule 46-A nomination of the Temporary Pradhan and Rules 46-B of the Uttar Pradesh Panchayat Raj Rules (foe short the rules). 12. Rule 46-A provides that if Pradhan and Up Pradhan arc absent on any particular date, the Pradhan may nominate any member of the Gaon Panchayat who shall exercise all the powers of the Up Pradhan in his absence. Rule 46-B is more or less like a proviso added to rule 46-A, in that sense, a different contingency has been contemplated whether Pradhan and Up Pradhan of Gaon Panchayat both are suspended, in that event Prescribed Authority may nominate any suitable member of the Gaon Panchayat as temporary Pradhan of Gaon Panchayat. 13. Sub-section 2 of section 12-J was brought on the statute by Uttar Pradesh Act No. 37 of 1978. In case the office of the Pradhan and Up Pradhan are vacant for any reason whatsoever, or when both are incapable to act for any reason whatsoever, the prescribed authority shall nominate a member of the Gaon Panchayat to act as Pradhan. The expression 'vacant', in common parlance means "not occupied" but the word vacant is neither statutorily defined nor judicially interpreted in such situation meaning of the expression can be ascertained with the aid of dictionary but in doing so, the Court must take the notice of the fact that meaning given to the word or expression in the dictionary is applicable in different senses.' According to the-context the Court would accordingly have to select a particular meaning, which would be relevant to the context See State of Orissa v. Tita Garh Papers Mills AIR SC 1296. 14. 14. Late Samuel Jhonson, a great English Poet, Dictionary Maker, Critic and essayist, has said about dictionaries as follows : Dictionaries are like watches, worst is better than none, and the best can not be expected to go quite true. Every honest lexicographer agrees, knowing that no matter how keenly he strives to make his book go true he would inevitably loose the battle with what might be called linguistic indeterminacy since indeterminacy with the prime fact of his professional life, he will often be tempted to deny and resent like grammarians of the 17th end 18 centuries, the radical instability of languages. Inkerr v. Kennedy (1742) 1 KB 409, per Acquitted it was observed : Dictionaries are for consultation in the absence of any judicial guidance "or authority. 15. In Chamber's 20th Century Dictionary the word 'vacant', means "unoccupied". 16. In shorter Oxford Dictionary, the word "vacant, connotes" not filled, held or occupied free from affairs characterized by the absence or occupation. 17. In Words and Phrases Permanent edition, the word "vacant", as indicated, has been derived from Latin word "Vacare" which means Emptiness, and in the context of decree of Court it means state of being Annulled. 18. In Black's law dictionary, the word "vacant" connotes unfilled post, or unoccupied post or the state of being destitute of an incumbent of properly or legally qualified officer. The principle applies to interpretation in the incumbency of office or case where office occupied by one who has, legal right to exercise, the duties pertinent thereto. It is obvious, in view of the above aforesaid dictionary meanings to the term 'vacant', it means that office when incumbent is not available or when the office is not occupied by any one, who has legal right to occupy it or in common parlance if the same is not occupied. 19. In the present case, election petition "under section 12-C of the Act, has been allowed against Petitioner. (Up Pradhan) and his election was set aside. Obviously, incumbent of office of the Up Pradhan was not available nor there was any one to occupy the office of the Up Pradhan. As election of the Up Pradhan was set aside, consequently, the Petitioner could not be said to have any legal right to hold it, and to exercise rights or perform duties, pertinent to the office of Up Pradhan. 20. As election of the Up Pradhan was set aside, consequently, the Petitioner could not be said to have any legal right to hold it, and to exercise rights or perform duties, pertinent to the office of Up Pradhan. 20. In such a situation, the post of the Up Pradhan was obviously vacant. The same was not occupied by the Petitioner on account of his election petition being set aside. Equally, the Petitioner himself has no legal right to occupy the same, hence the office of Up Pradhan was obviously unoccupied. In such a situation provision u/s 12-J(2) was applicable and the prescribed authority has power to nominate a member of the Gaon Panchayat to exercise the powers of Pradhan till, of course such vacancy in the office of the Pradhan or Up Pradhan is filled in. 21. The legislature was conscious in bringing the rule 46-B on the statute book by notification and amendment dated June 29, 1957, which provided that in the event, Pradhan and Up Pradhan being suspended, the prescribed authority can nominate suitable member to act temporary Pradhan of the Gaon Panchayat. Rule 46-A, however provides, nomination of the temporary Pradhan by the Pradhan himself, in case, on a particular date, both, Pradhan and Up Pradhan were absent. 22. To put it differently, as election petition has been filed against Petitioner, as Up Pradhan's election has been set aside by the impugned order dated 31-7-90 and the vacancy was declared for the said post and direction was given to the Panchayat Raj Adhikari, Mathura, and a copy to the Khand Vikash Adhikari Sadabad, to take immediate steps for holding the election for the office of Up Pradhan. Consequently, the said office was un-occupied by that moment, or in other words, the Petitioner (UP Pradhan) has no legal authority to hold the office of Pradhan, in that event, prescribed authority, was empowered to nominate any member of the Gaon Panchayat to act as Up Pradhan I have no manner of doubt, in holding, that the office of UP Pradhan was vacant and the Pradhan having died earlier, Prescribed authority was perfectly justified in passing impugned order nominating the Respondent No. 2 to act as Pradhan. 23. Under the circumstances of the case impugned order can not be said to be erroneous much less manifestly erroneous. 23. Under the circumstances of the case impugned order can not be said to be erroneous much less manifestly erroneous. No grounds have been made out to issue any writ, direction or order prayed for. 24. In view of the premises aforesaid, the petition lack;, merit and the same is dismissed without any order as to cost.