JUDGMENT 1. With the consent of learned counsel appearing for the contesting parties, the instant special appeal is being heard and decided at this stage. 2. The appellant has challenged the ad-interim stay order dated 16.06.2022 passed by the learned Single Judge in SB Civil Writ Petition No. 8315/2022 (Vishni v. Muthri Devi and Ors.), by which the learned Single Judge while admitting the writ petition and issuing notice to the respondents, has stayed effect and operation of the order dated 25.05.2022 passed by the Court of learned District Judge, Dausa, District Dausa (Raj.) [for short 'the Election Tribunal'] by which the Election Tribunal has cancelled the election of the writ-petitioner (respondent No. 1 herein) as Sarpanch, Gram Panchayat Saipur Pakha, Panchayat Samiti Mahwa, Tehsil Mandawar, District Dausa and the appellant has been declared as a winning candidate for the post of Sarpanch of the above Gram Panchayat. 3. Mr. Rajendra Prasad, learned Senior Counsel assisted by Mr. Deepak Sharma appearing for the appellant submits that the ad-interim stay order passed by the learned Single Judge is a non-speaking order and the learned Single Judge while admitting the writ petition and passing the ad-interim stay order has not assigned any reason. 3. Mr. Rajendra Prasad, learned Senior Counsel assisted by Mr. Deepak Sharma appearing for the appellant submits that the ad-interim stay order passed by the learned Single Judge is a non-speaking order and the learned Single Judge while admitting the writ petition and passing the ad-interim stay order has not assigned any reason. Learned Senior Counsel submits that following observations have been made by the Election Tribunal in its order dated 25.05.2022 in the election petition filed by the appellant:- ifj.kkeLo:i ;kfpdkdkj eqFkjh nsoh dh vksj ls izLrqr ;g pquko ;kfpdk fo:) v;kphx.k fo'kuh oxSjg Lohdkj dh tkrh gS o vkns'k fn;k tkrk gS fd v;kph la[;k&1 fo'kuh nsoh iRuh ujsUnz dqekj ehuk] dk xzke ipka;r lk;iqj ik[kj ds ljiap in dk fuokZpu jktLFkku iapk;rh jkt vf/kfu;e 1994 esa of.kZr izko/kkuksa ds vuqlkj v;kph la[;k&1 fo'kuh nsoh ds fnukad 27-11-1995 ds i'pkr~ 3 i`Fkd&i`Fkd larkusa mRiUu gksus ds dkj.k mDr vf/kfu;e ds izko/kkuks  ds vuqlkj v;kph la[;k&1 ljiap in dk pquko yM+us gsrq v;ksX; gksus ls vizkFkhZ la[;k&1 fo'kuh nsoh dk xzke iapk;r lk;iqj ik[kj iapk;r lfefr egok rglhy e.Mkoj ftyk nkSlk dks ljiap in ds fy, fot;h ?kksf"kr fd;s tkus dk fuokZpu fnukad 28-09-2020 dks fujLr fd;k tkrk gS o ;kph eqFkjh nsoh dks v;kph la[;k&1 ds i'pkr~ mDr pquko esa lokf/kZd er izkIr gksus ds dkj.k mDr ;kph eqFkjh nsoh dks xzke iapk;r lk;iqj ik[kj ds ljiap in ij fot;h ?kksf"kr fd;k tkrk gSA fu.kZ; dh ,d izfr ftyk dysDVj ¼fuokpZu vf/kdkjh½ nkSlk dks izsf"kr dj ys[k gS fd fof/kuqlkj ;kph eqFkjh nsoh dks xzke iapk;r lk;iqj ik[kj ds ljiap in ij fot;h ?kksf"kr djus dk izek.k&i= tkjh dj dk;ZHkkj lEHkykus gsrq dk;Zokgh djsaA 4. Learned Senior Counsel further submits that the order dated 25.05.2022 was passed by the Election Tribunal in two parts; (i) the election of the respondent No. 1 as Sarpanch, Gram Panchayat Saipur Pakha, Panchayat Samiti Mahwa, Tehsil Mandawar, District Dausa has been cancelled; and (ii) the appellant has been declared as a winning candidate for the post of Sarpanch of the above Gram Panchayat. Learned Senior Counsel submits that while passing the ad-interim stay order dated 16.06.2022, the learned Single Judge has stayed the entire order dated 25.5.2022 on the basis of the judgment passed by the Hon'ble Supreme Court in case of Vishwanatha Reddy v. Konappa Rudrappa Nadgouda [1969 AIR SC 604]. 5. Learned Senior Counsel submits that while passing the ad-interim stay order dated 16.06.2022, the learned Single Judge has stayed the entire order dated 25.5.2022 on the basis of the judgment passed by the Hon'ble Supreme Court in case of Vishwanatha Reddy v. Konappa Rudrappa Nadgouda [1969 AIR SC 604]. 5. Learned Senior Counsel submits that the main reason for passing the impugned ad-interim stay order dated 16.06.2022 was that the order dated 25.5.2022 passed by the Election Tribunal declaring the appellant as a winning candidate for the post of Sarpanch of the above Gram Panchayat, was contrary to the principles laid down by the Hon'ble Apex Court in the case of Vishwanatha Reddy (supra), but so far as the ad-interim stay order dated 16.6.2022 passed by the learned Single Judge staying the entire effect and operation of the order dated 25.05.2022 passed by the Election Tribunal is concerned, same is contrary to the principles laid down by the Hon'ble Apex Court in the case of Vishwanatha Reddy (supra). Learned Senior Counsel submits that after holding a complete trial, both the parties led their evidence and on the basis of the evidence led by the parties, the Election Tribunal cancelled the election of the respondent No. 1 as Sarpanch, Gram Panchayat Saipur Pakha, Panchayat Samiti Mahwa, Tehsil Mandawar, District Dausa as she was having three issues after the cut off date i.e. 27.11.1995. 6. Learned Sr. Counsel further submits that on account of admitting the writ petition by the learned Single Judge, the respondent no. 1, who is disqualified to hold the post of Sarpanch, has virtually been allowed to hold the post of Sarpanch and she would complete her tenure as a Sarpanch, as the disposal of the writ petition is likely to take long time. Under these circumstances, the impugned order dated 16.6.2022 passed by the learned Single Judge is liable to be quashed and set-aside. 7. Per contra, learned counsel appearing for the respondent No. 1 opposed the arguments advanced by the learned Senior Counsel and submits that the learned Single Judge has not committed any illegality in passing the ad-interim stay order dated 16.06.2022. Counsel submits that after hearing both the sides, the writ petition was admitted and ad-interim stay order was rightly passed, by which effect and operation of the order dated 25.05.2022 passed by the Election Tribunal was stayed. Counsel submits that after hearing both the sides, the writ petition was admitted and ad-interim stay order was rightly passed, by which effect and operation of the order dated 25.05.2022 passed by the Election Tribunal was stayed. Learned counsel further submits that after passing the order dated 16.6.2022, the respondent has been handed over the charge of Sarpanch of the above Gram Panchayat. In view of this, the appeal is liable to be dismissed. 8. Heard learned counsel appearing for both the parties and perused the impugned order. 9. A bare perusal of the impugned order dated 16.06.2022 passed by the learned Single Judge clearly reveals that the learned Single Judge merely on the basis of the arguments advanced by the counsel for the respondent no. 1 that the Tribunal has wrongly set aside the election of petitioner (respondent no. 1 herein) and declared the respondent (appellant herein) as Sarpanch, stayed the entire effect and operation of the order dated 25.05.2022 passed by the Election Tribunal on the basis of the judgment of Hon'ble Apex Court in the case of Vishwanatha Reddy (supra). It is noteworthy to mention here that the judgment of Vishwanatha Reddy (supra) deals with the issue of declaring the runner candidate as winner and handing over the charge. The aforesaid judgment does not deal with the issue of disqualification of the respondent no. 1 (writ petitioner). The learned Single Judge has not given any cogent and convincing reasoning for staying the entire order dated 25.5.2022 passed by the Election Tribunal, which is running in two parts. Therefore, the learned Single Judge has passed a non-speaking order. 10. The need for passing a reasoned order need not be emphasized. For, it is well known principle of law that a judicial order necessarily has to be a reasoned one, where the mind of the learned Court needs to be revealed and cogent and convincing reasons need to be stated even while granting a stay order. 11. Therefore, this Court finds no other option but to set aside the impugned ad interim stay order dated 16.06.2022 passed by the learned Single Judge and remit the case back to the learned Single Judge. 12. One week's time is granted to the appellant to file reply to the writ petition as well as stay application. 13. 11. Therefore, this Court finds no other option but to set aside the impugned ad interim stay order dated 16.06.2022 passed by the learned Single Judge and remit the case back to the learned Single Judge. 12. One week's time is granted to the appellant to file reply to the writ petition as well as stay application. 13. This Court requests the learned Single Judge to decide the stay application afresh within a period of two weeks from the date of receipt of certified copy of this order, after affording an opportunity of hearing to both the parties. 14. With the aforesaid observations, this special appeal is disposed of. 15. However, it is made clear that while deciding this special appeal, anything observed herein, shall not be construed as an expression on merits of the case. It is further made clear that the observations made while deciding this special appeal are simply the arguments advanced by counsel for both the parties and the same shall not, in any way, affect the learned Single Judge in forming his independent opinion based on the arguments and the documents furnished by both the parties. 16. Stay application and all pending application(s), if any, stands disposed of.