B.R. James, J. - (1.) Lal Bahadur Singh and Roshan Lal Singh were the rival candidates for the office of the Sarpanch of the Nyaya Panchayat of Kathula Ghauspur, Allahabad district, which consists of twenty members. At the election that took place eleven members voted for Lal Bahadur and nine for Roshan Lal, hence the former was declared duly elected. Roshan Lal thereupon brought an election petition challenging the validity of Lal Bahadur's election. After taking the evidence of the parties the Sub-Divisional Officer held that Lal Bahadur had been guilty of bringing one member and that three members who had voted for him were statutorily disqualified; consequently he set aside Lal Bahadur's election and declared Roshan Lal elected in his place.
(2.) Lal Bahadur has now brought this petition under Article 226 of the Constitution and prays that the Election Tribunal's order be set aside and that his right to function as Sarpanch be not interfered with.
(3.) His learned counsel's principal contention is that there is no provision in the Panchayat Raj Act by which the election of a Sarpanch of a Nyaya Panchayat can be set aside, and he argues that the only section in the Act, viz., Sec. 12-C which prescribes the grounds on which an election can be set aside has no application to Sarpanches inasmuch as there is no provision in the Act or in the Rules framed there-under making Sec. 12-C applicable to elections of Sarpanches, and he points out that although there is a section, Sec. 12-D, which is entitled "Disputes pertaining to the election of Up-Pradhan, Sarpanch or Sahayak Sarpanch," it merely lays down that any dispute relating to the election of these functionaries shall be referred in the "manner prescribed" to the "prescribed authority," but is otherwise silent as to the grounds on which their election may be set aside. Accordingly learned counsel contends in the absence of any relevant law the election once made of a Sarpanch and indeed of an Up-Pradhan or Sahayak Sarpanch can not be challenged.;