B.L. Yadav, J.

1. The present petition under Article 226 of the Constitution of India is directed against the order dated 12-7-88 passed by the Perganadhikari, Kichcha, Nainital, directing that in the meanwhile the petitioner Devi Sharan may not be administered oath of office of the Pradhan.

2. The profile of the petitioner's case may be set out briefly. The petitioner was elected in the last general elections held on June 5, 1988. He was a candidate for the office of Pradhan of the Gaon Sabha Dhanpur-Vijaipur, Block Gederpur, District Nainital, along with respondent no. 4 Jagdish Singh. But on counting of ballot papers on 6th June, 1988 the petitioner was declared elected. An election petition has been filed by respondent no. 3, who filed an application for interim order with prayer that successful candidate, the petitioner, may be restrained from taking oath of office of Pradhan. The impugned order dated 12-7-88 was passed in favour of respondent no. 4 on the election petition.

Sri K. S. Chauhan, learned counsel for the petitioner urged that the impugned order was without jurisdiction inasmuch as there is no provision either in the U. P. Panchayat Raj Act or under the Cod