ORDER R.A. Sharma, J. - Petitioner, who claims to be member of Gaon Panchayat of Gram Sabha Basantpur, Block Laxmipur district Maharajganj, has filed this writ petition for a writ of mandamus commanding the respondent No. 1 namely, Block Development Officer, to comply with the directions issued by the Sub-Divisional Magistrate. 2. From perusal of the writ petition it appears that the Pradhan of the Gaon Sabha concerned died on 13-1-1991. After the death of Pradhan Up-Pradhan is entitled to work as Pradhan under S. 12J of the U.P. Panchayat Raj Act (hereinafter referred to as the Act). However, it appears that some complaints were made against the Up-Pradhan and in connection therewith the Sub-Divisional Magistrate passed order on 2-2-1991, contained in Annexure-2, directing the Block Development Officer to retain the charge of Pradhan of the village. It is alleged that the Block Development Officer did not comply with the aforesaid order of the Sub-Divisional Magistrate. 3. In view of the provisions of S. 12J of the Act after the death of Pradhan the Up-Pradhan is entitled to work as Pradhan. This is statutory consequence of S. 12J of the Act which cannot be stopped or stayed by the Sub-Divisional Magistrate unless the Up-Pradhan is suspended or removed in accordance with law or the vacancy in the office of Pradhan is filled in accordance with law. As long as there is no order of suspension or removal of Up-Pradhan the Up-Pradhan is entitled to work as Pradhan, after the death of Pradhan till the vacancy in the office of Pradhan is filled in accordance with law. The Sub-Divisional Magistrate has no jurisdiction to stop Up-Pradhan from working as Pradhan of the Gaon Sabha concerned. The order of the Sub-Divisional Magistrate dated 2-2-1991 as such cannot be enforced and this Court will not issue any writ of mandamus for enforcing the illegal order. 4. The writ petition lacks merit and is accordingly dismissed.