Mootham, C.J. - (1.) This is an appeal from an order of Mr. Justice Mehrotra dated the 23rd January, 1957. The appellant Lalu and the first respondent Umrao Singh were candidates for election to the office of Pradhan of Gaon Sabha Fatehpur Chak in the district of Meerut, and at an election held on the 17th December, 1955, Umrao Singh was declared duly elected. He obtained 180 votes against 179 cast in favour of Lalu. Lalu then filed an election petition u/S. 12C of the UP Panchayat Raj Act in which he challenged the validity of Umrao Singh's election on the ground, INTER ALIA, that one Bulla who was not entitled to vote at the election had in fact voted for him. The Sub -Divisional Officer found that Bulla had voted for Umrao Singh but that as he was not ordinarily resident in village Fatehpur Chak he was not entitled to vote, and as the result of the election has been materially affected the Sub -Divisional Officer, by an order dated the 27th October, 1956, set aside the election of Umrao Singh. Umrao Singh thereafter filed a petition in this Court u/Art. 226 of the Constitution in which he questioned the validity of the Sub -Divisional Officer's order and prayed that it be quashed by a writ of certiorari. That petition was allowed by the learned Judge by the order which is the subject of the present appeal.
(2.) It is not in dispute that Bulla's name was entered in the adult register of village Fatehpur Chak two days before the day on which the election was held. The question is whether that entry conferred upon Bulla the right to vote at the election. Ss. 5(1), 9 and 11 -B(1) of the UP Panchayat Raj Act are relevant. They are as follows: "5. MEMBERSHIP OF GAON SABHA. (1) A Gaon Sabha shall consist of all adults ordinarily resident within the area for which it is established but a person shall be disqualified for being a member of the Gaon Sabha if he (a) is not a citizen of India; or (b) is of unsound mind and stands so declared by a competent court. REGISTER of MEMBERS. On the establishment of a Gaon Sabha the prescribed authority shall cause to be prepared a register, in the prescribed form, of all persons ordinarily residing within the jurisdiction of such Gaon Sabha and such register shall, among other things, contain the names of every person entitled u/S. 5 to be a number of the Gaon Sabha on the date of its establishment. The register so prepared shall be revised at least once a year in manner prescribed. 11. B. ELECTION OF PRADHAN. - -(1) The Pradhan shall be elected by the members of the Gaon Sabha from amongst them in such manner as may be prescribed. Rule 19 -B(1) of the UP Panchayat Raj Rules which was in force at the relevant time provides that 19 -B. RIGHT TO VOTE. - -(1) No person who is not, and except as expressly provided by the Act, every person whose name is, for the time being entered in the Adult Register pertaining to the constituency shall he entitled to vote in that constituency.
(3.) U/R. 4 -A the register to be prepared pursuant to S. 9 of the Act is divided into two parts, Part I being called the family register and Part II the adult register. It is the appellant's contention that, the entries in the adult register are conclusive and their correctness cannot be enquired into by any Court.;