ORDER

R.L. Gulati, J. - This is a petition Under Article 226 of the Constitution of India.

2. The 7th Respondent, Chandra Kishore Tiwari, was elected as Pradhan of Gaon Sabha Katogarh. He was required to take oath of his office before one Ganga Prasad Pandey, the Blook Pramukh, Block Airayan, distt. Fatchpur. It appears that Sri Tiwari was hostile towards Sri Pandey. In a strongly worded letter dt. 20-6-1972 he boycotted the oath administration proceedings before Sri Ganga Prasad Pandey and refused to take oath before him. He in his letter stated that he would take oath before any Administrative Officer and not before Sri Pandey. The Block Development Officer sent this letter to the Distt. Panchayat Raj Adhikari for instructions. The D.M. Fatehpur, the 4th Respondent, wrote a letter to Sri Tiwari advising him to take oath before the Block Pramukh. The Blook Pramukh wrote back to the DM that in view of the provisions con ained in Section 12-E of the U.P. Panchayt Raj Act, Sri Tiwari shall be deemed to have vacated his office as soon as he refused to take oath in the first instance and as such, there was no question of giving him oath. The matter was then referred to the State Govt. Th