JUDGMENT Rakesh Srivastava, J. Short counter affidavit, filed on behalf of respondent nos. 1, 3 and 4. is taken on record. 2. In view of the order proposed to be passed, notice to respondent no. 5 is dispensed with. 3. Heard Sri Ajeet Kumar Singh, learned counsel for the petitioner, the learned Standing Counsel appearing on behalf of respondent nos. 1, 3 and 4 and Sri Rohit Tripathi, learned counsel appearing for respondent no.2. 4. The elections to the Gram Panchayats in the State of Uttar Pradesh were held in the year 2018. The respondent no. 5 along with the petitioner and 13 others were elected as members of the Gram Panchayat Khanpur Mohidinpur. One Mohd. Jaan, who was elected as the Gram Pradhan, unfortunately died on 5.11.2018. On 26.11.2018 the District Magistrate, Sitapur passed an order under Section 12-J of the U.P. Panchayat Raj Act, 1947 (for short 'the Act') nominating respondent no.5 on the post of Pradhan for a period of six months or till the election of new Pradhan. The said order is under challenge in this writ petition. The petitioner has further prayed for a direction to the respondents to hold fresh elections for the office of Gram Pradhan expeditiously within the time granted for the purpose under the Act. 5. The learned counsel for the petitioner has submitted that the District Magistrate was obliged to convene a meeting of the elected members of the Gram Panchayat so as to ascertain their wishes before nominating respondent no.5 as officiating Pradhan. 6. As per Section 12-H of the Act, where a vacancy in the office of Pradhan or a Member of Gram Panchayat arises by reason of his death, removal, resignation etc., the same has to be filled up for the remainder of term in the manner provided under Sections 11-B, 11-C or 12 as the case may be. The proviso to Section 12-A provides that if the residue of the term is less than 6 months, the vacancy need not be filled. Section 11-B provides for filling of the post of Pradhan by direct election. Section 12 provides for constitution of Gram Panchayat. Sub-section (3-A) of Section 12 empowers the State or an Officer authorised in this behalf to appoint an Administrative Committee for running the Gram Panchayat in case the election is not feasible. 7. Section 11-B provides for filling of the post of Pradhan by direct election. Section 12 provides for constitution of Gram Panchayat. Sub-section (3-A) of Section 12 empowers the State or an Officer authorised in this behalf to appoint an Administrative Committee for running the Gram Panchayat in case the election is not feasible. 7. However, in case a vacancy arises in the office of the Pradhan by reason of his death, removal, resignation or otherwise, or where the Pradhan is incapable to act by reason of absence, illness or for any reason whatsoever, Section 12-J empowers the prescribed authority to nominate a member of the Gram Panchayat to discharge the duty and exercise the powers of Pradhan until such vacancy in the office of the Pradhan is filled in, or until such incapacity of Pradhan is removed. 8. It is no more res-integra that before nominating a member of the Gram Panchayat as Pradhan under Section 12-J of the Act the prescribed authority is obliged to ascertain the wishes of the elected members of the Gram Panchayat. In Udaivir v. State Election Commission of U.P. & Ors., (2009) 106 RevDec 151, a Division Bench of this Court, in paragraphs 4 and 5 of the said report has held as under: “4. Considering the basic concept of the democracy set up for the Panchayat Raj under he provisions of Article 243 of the Constitution, we are of the opinion that respondent no.3, i.e. District Magistrate, Aligarh ought to have ascertained the wishes of the elected members of the Gram Panchayat, as to who should be the officiating Pradhan for the period till the regular election of the Gram Pradhan is held. Further every attempt should be made to elect the new Pradhan at the earliest possible. 5. In view thereof, we dispose of this Special Appeal with a request upon the District Magistrate i.e. respondent no.3 to convene a meeting of the elected members of the Gram Panchayat within a period of two weeks from the date a certified copy of this order is filed before him, nominating some responsible officer not below the rank of Sub-divisional Magistrate, to chair the meeting of the elected members so as to ascertain the wishes qua nomination of officiating Pradhan. Person so nominated would be handed over the charge forthwith. Person so nominated would be handed over the charge forthwith. We also request the District Magistrate to ensure that the election of the Gram Pradhan of the village concerned be held in accordance with law at the earliest possible.” (emphasis supplied) 9. The view expressed in the case of Udaivir (supra) was reiterated by another Division Bench in Pushpendra Kumar v. State of U.P. & Ors., (2010) 5 AWC 4684 (All). Paragraph 9 of the said report being relevant is extracted below: “9.......The provisions of Section 12-J came up for consideration before a Division Bench in the case of Udaivir (supra) and this Court has held that the Prescribed Authority has to act in accordance with the majority opinion of the Members of the concerned Gram Panchayat while nominating the officiating Pradhan. The law laid down in the aforesaid case is in consonance with the spirit of the provisions of Chapter IX inserted in our Constitution by the Constitution (Seventy third) Amendment Act 1992 which provides for constitution of Panchayats at the village, empowering the villagers to manage their affairs at the local level themselves. The learned counsel for the appellant has not been able to persuade us to take a different view. We are in respectful agreement with the view taken by the coordinate Bench in the case of Udai Veer (supra). In this view of the matter, we are of the considered view that the learned single Judge was right in directing the District Magistrate to ascertain the wishes of the Members of the Gram Panchayat before nominating any person on officiating basis to discharge the duties and functions of the Gram Pradhan.” (emphasis supplied) 10. In Shyamu v. State of U.P. & Ors., (2010) 8 ADJ 459 (DB) another Division Bench of this Court while upholding the view expressed in the case of Udaiveer (supra) held that while nominating a Pradhan under Section 12-J of the Act, the prescribed authority was obliged to act in accordance with the opinion expressed by the elected Member provided the same was not against any policy. Paragraph 16 of the report is extracted below: “16. The question is whether such opinion given by the elected members would be binding on the Prescribed Authority. Paragraph 16 of the report is extracted below: “16. The question is whether such opinion given by the elected members would be binding on the Prescribed Authority. If such an interpretation is given, then the power exercised by the Prescribed Authority under Section 12-J of the Act will have to be read subject to the opinion of other members. This would not be a correct interpretation of the law. There could be a possibility of violation of reservation policy, and/or a person may pressurize other members to propose his name, and/or the like. Directing the Prescribed Authority to accept the view of the members after the process of consultation, as to who should be the Pradhan of the village, to an extent, will be against the language of the Section. To that extent, in our opinion, the observation in the latter part of the paragraph, which we have reproduced separately, which practically holds that the view given by the elected members would be binding on the District Magistrate, would not be a proper interpretation of Section 12-J of the Act and to that extent may have to be further explained. Considering the Division Bench judgment in Udaivir (supra), the Prescribed Authority, at the highest, should note the opinion of the members and thereafter proceed to nominate the Pradhan. Such a step, to some extent, will help the Prescribed Authority to know who enjoys the confidence of the members, and this will help him to make an informal choice. If an overwhelming number of members prefer a candidate, the Prescribed Authority should ordinarily, in the exercise of his powers to nominate, take that opinion into consideration if otherwise the name proposed would not be against any policy. This, in our opinion, would be a proper interpretation of Section 12-J, which would not denude the power of the Prescribed Authority under the Section. The observation in Smt. Usha Singh (supra) should be read in this context. (emphasis supplied) 11. In the case in hand, in paragraph 6 of the counter affidavit filed on behalf of the State-respondents, it has been admitted that before nominating the respondent no. 5 as Pradhan the wishes of the elected members was not ascertained by the District Magistrate. 12. (emphasis supplied) 11. In the case in hand, in paragraph 6 of the counter affidavit filed on behalf of the State-respondents, it has been admitted that before nominating the respondent no. 5 as Pradhan the wishes of the elected members was not ascertained by the District Magistrate. 12. In view of the above, the District Magistrate, Sitapur, is directed to convene a meeting of the elected members of the Gram Panchayat within a period of two weeks from the date of receipt of a certified copy of this order. A responsible officer not below the rank of Sub-Divisional Magistrate shall be nominated to chair the meeting of the elected members so as to ascertain their wishes. The minutes of this meeting would be drawn by the Sub-divisional Magistrate and be placed before the District Magistrate who shall pass a fresh order of nomination in the light of the observations made above. 13. Till the aforesaid is done, status quo as of date with regard to the working of the officiating Pradhan shall be maintained. 14. Admittedly, the vacancy in the office of the Pradhan has been notified to the State Election Commission, respondent no.2 herein, who is under an obligation to hold regular election to fill up the vacancy at the earliest. 15. The writ petition stands disposed of subject to the observations and directions made above.