Nigam, J. - (1.) Govind Prasad and ten others filed this petition for a writ in the nature of certiorari setting aside the order of the opposite party No. 2 dated 23-6-1956 in election petition case No. 41/27 relating to village Imiliya Pergana Maholi, district Sitapur.
(2.) The Petitioners allege that they are electors of the Gaon Sabha Imiliya, Pergana Maholi. They further allege that on 16-12-1955 opposite party No. I was declared elected as Pradhan Gaon Sabha Imiliya and that time he was less than thirty years of age. An objection was raised at the time of the scrutiny of the nominations but this was rejected summarily. The applicants allege that they filed an election petition in the court of the Sub-Divisional Officer who on 23-6-1956 dismissed the petition. The ground on which this petition is preferred is that the finding is incorrect and the Additional Sub-Divisional Officer had no jurisdiction to decide the petition.
(3.) The matter came up before a learned Single judge of this Court and Tandon, J., has referred it to a Bench as he was unable to agree with the view taken by Singh, J., in the Civil Misc. Application No. 217 of 56 (O.J.);