Palok Basu, J.

1. Shamsher Siagh has filed Writ Petition No. 11258 of 1990 challenging the order of the S.D.M. and that of the revisional court setting aside his election as Pradhan. He alleges that he is still holding the charge of the office of Pradhan. Radhey Shyam has filed writ petition No. 11786 of 1990 challenging the alleged interference of Shamsher Singh and others in the discharge of his functioning as Pradhan having taken over charge in due course after Shamsher Singh's election was set aside.

2. Shamsher Singh was declared elected Gram Pradhan of village Khurukhunja Chandauli, Varanasi, by the Returning Officer on 6-6-1988 in the elections for the said post held under the U. P. Panchayat Raj Act, 1947 (for short the Act) having polled 498 votes defeating his nearest rival Radhey Shyam polling 493 votes. Radhey Shyam filed election petition on 10-6-1988 (Ejection Petition No. 9 of 1988) before the S D.M. Chandauli East, who is the Prescribed Tribunal/Authority under the Act, By the judgment and order dated 31-1-1989 the S.D.M. found Radhey Shyam having polled 11 votes more than Shamsher Singh and consequently allowed the election petition and held, that the result