The respondent No. 2 filed an application under Section 12-C of. the U. P. Panchayat Raj Act, which was registered as Election Petition No. 6 of 1995. In the said case the respondent No. 2 filed on application on 23-5-1995 praying for calling for the record of the election from the Election Office and for some other interim order restraining the petitioner from taking over charge as Pradhan. By an order dated 15- 12-1995 the said application was allowed and the record of the impugned election were called for. It is against this order the petitioner has moved the present writ petition.

2. Sri M. C. Singh, learned Counsel appearing on behalf of the petitioner con tends that in the present case neither issues have been framed nor evidence had been led. There was no material available before the court to form an opinion as to the existence of the conditions as enumerated in the case of Ram Adhar Singh v. Sub-Divisional Officer, 1985 UPLBEC 317. Therefore, the said order cannot be sustained. He also relied on various decisions, which will be referred to shortly hereinafter, in support of his contention is two-fold; first, that in absence of any material and in absence of