(1.) A very short question of law that arises for consideration in this petition filed by an elected Block Pramukh, even though by draw of lots as both petitioner and opposite party had polled equal number of votes, is if the Election Tribunal in exercise of its powers under U. P. Kshetriya Samities (Election of Block Pramukhs and Settlement of Election Disputes) Rules, 1962 could have granted any injunction or stay or even direction to maintain status quo resulting in non administration of oath of office to petitioner in an Election petition presented under rule 35 of the aforesaid Rules.
(2.) FOR this purpose it is necessary to extract relevant rule of Chapter IV of the rules which deal with disputes regarding election of Pramukh and Up Pramukh, Rules 35, 36 and 37 deal with time and manner of presentation of petition, its form etc. and relief. The procedure is provided by Rule 40, Sub-rule (1) of which reads as under :-
(3.) IN the result the petition succeeds and is allowed. And the order dated 22nd October, 1988 is quashed. But there shall be no order as to costs.