R. R. K. TRIVEDI, J.

( 1 ) HEARD learned counsel for petitioner and the learned standing counsel.

( 2 ) SHORT but important question involved in this petition is as to whether the Judge while giving judgment in an election petitioner filed under Rule 33 of the Uttar Pradesh Zile Panchayats (Election of Adhyaksha and Upadhyaksha and Settlement of Election Disputes) Rules, 1994 (hereinafter referred to as the Rules) may stay operation of his own order for the period provided for filing appeal before High Court under Rule 47 of the Rules. 2-A. Facts, in short, necessary to appreciate the controversy are that respondent No. 2 Jivendra kumar was declared elected as Adhyaksha of the Zila Panchayat of district Shahjahanpur on 22-5-1995. Challeng ing this election. Election Petition No. 1 of 1995 was filed by Jaidrath singh and Vijai Pratap Singh. Aforesaid Election Petition has been decided finally by learned ivth Additional District and Sessions Judge, Shahjahanpur by his judgment and order dated 26-9-1996, while delivering judgment respondent No. 1, on the application of respondent to stay operation of the order dated 26-9-1996 for one month, passed the following order :

"counsel for the

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