G. K. MISRA, C. J.

( 1 ) THE facts of the writ application may be stated in short. The petitioner is a member of the Swatantra party. He was a candidate for the Chairmanship of the delang Panchayat Samiti. the election of which was held on 10th of January, 1971. Abhimanyu Ransing (opposite party No. 5) and Harihar Jena (opposite party No. 6) were the contesting candidates. The poll was taken on 10th January. 1971. Opposite party No. 5 secured 103 votes while the petitioner secured 95 votes. Thus by a margin of 8 votes opposite party No. 5 was declared elected. The petitioner prayed for issuing of a suitable writ for setting aside the election of opposite party No. 5. The election is assailed on an averment of the following facts. The coalition cabinet of the Swatantra and Jana Congress Parties tendered its resignation to the governor on 9-1-71 at about 7. 30 p. m. The Governor accepted the Chief minister's resignation at about 8. 30 p. m. on the same day. The Presidential proclamation under Article 356 of the Constitution was issued on 11-1-71. Thus for about two days from 9-1-71 till 11-1-71 there was a Governor without a cabinet. The petitioner's stand is that the executive powe