Mootham, C.J. - (1.) THIS is a petition under Article 226 of the Constitution which has been filed in the following circumstances. The Petitioner, Sri Kshetra Pal Singh and the third Respondent, Sri Nannu Mai, were candidates for election to the office of Chairman of a Town Area Committee and at the election which was held on the 18th October, 1957, the Petitioner was declared duly elected. The third Respondent then filed a petition under Sub -section (4a) of Section 8A of the UP Town Areas Act, 1914, in which he challenged the validity of Sri Kshetra Pal's election on a number of grounds.
(2.) THE disposal of a petition challenging the election of a Chairman of a Town Area Committee is regulated by Rules 47 to 54 of the "Rules regarding elections to Town Area". Rule 50 provides that the petition shall be presented to the Munsif within whose territorial jurisdiction the Town Area is situated. Rule 51 then provides that a judicial officer appointed by the District Judge shall fix a time and place for hearin? the petition and shall cause notice thereof to be served on the Petitioner and on any person whose election is called in question. Rules 52 lays down that, subject to certain modifications with which we are not now concerned, the procedure provided in the Code of Civil Procedure in regard to suit shall, so far as it is not inconsistent with the rules and as far as it can be made applicable, be followed in the hearing of election petitions. Rule 53 then provides that the judicial officer, if he finds that the election which has been called in question is valid shall dismiss the petition, but that if he finds that the election is invalid, he shall either declare elected the next candidate who obtained the highest number of votes or declare a causal vacancy, whichever appears to him the more appropriate. The election petition in the present case was presented to the Munsif on the 15th November, 1957. The District Judge, pursuant to Rule 51, appointed Sri R.C. Deo Sharma, who was then the Civil Judge, Etah, to hear the petition and that officer directed notice of the petition to issue to Sri Kshetra Pal Singh and fixed the 15th and 22nd January, 1958, respectively for the' filing of a written statement and the framing of issues. On the 15th January Sri Kshetra Pal Singh obtained further time for the filing of a written statement and Sri R.C. Deo Sharma adjourned the case to the 10th February. In the meantime however the District Judge had received a letter from the up Sachiva and Deputy Legal Remembrancer to the State Government, dated the 5th February, which reads thus: I am directed to refer to Rules 50 and 51 of the Rules regarding election to Town Areas and to say that under Rule 50 an election petition against the election of a person as Chairman of a Town Area is to be presented to the Munsif within whose territorial jurisdiction the town area is situated and under Rule 51 a judicial officer appointed by the District Judge in this behalf shall hear the petition. The question of appointment of individual officers for the purpose was referred to the High Court who have suggested that petition filed against the election of Chairman of Town Areas in the district of Etah may be heard by Sri R.R. Rastogi, Temporary Civil and Sessions Judge, Etah. I am therefore to request you that if a different nomination has not been made already by you, you may please take necessary action early according to the names suggested by the Hon'ble Court.
(3.) AFTER the receipt of this letter the District Judge made the following order: The appointment of Sri R.C. Deo Sharma as Tribunal is cancelled and now Sri Raja Ram Rastogi is appointed Tribunal, All petitions pending with Sri R.C. Deo Sharma are transferred to Sri R.R. Rastogi for disposal.;