Birendra Prasad Sinha, J.

1. The question for consideration in this writ application is whether the District Judge exercising appellate powers in Gram panchayat election disputes can stay the operation of the order passed by toe election Tribunal pending disposal of the appeal.

2. The petitioner along with respondents nos.2 and 5 contested the election for the post of Mukhiya of Lohna Gram Panchayat in the district of madhubani. Respondent no.2 Gangai Kamat was declared elected as Mukhiya. The petitioner challenged his election by filing Election Petition No.3 of 1978-79 before the Election Tribunal, Jhanjharpur. His main ground was that the valid votes polled by him were more than the valid votes polled by respondent no 2 and that the votes were wrongly counted by the Election Officer. The tribunal allowed the recounting of votes and found that the petitioner had received more votes than respondent No.2. Accordingly, the Tribunal set aside the election of respondent No.2 and declared the petitioner as duly elected. That order is contained in Annexure 1 to the writ application. Against that order respondent No.2 filed an appeal before the District Judge as provided under ru