JAGAT NARAYAN, J. - (1.) THIS is a writ petition under Art. 226 of the Constitution challenging the validity of the election to the Nyaya Panchayat Santhal and the validity of the election of Bhonrilal respondent No. 4 as Sarpanch of the Nyaya Panchayat. The petition was contested on behalf of respondent No. 9.
(2.) THIS Nyaya Panchayat was constituted under sec. 278 of the Panchayat Act under a notification published in the Gazette dated 14th January, 1961 in which it was stated that the Nyaya Panchayat will be constituted with effect from 15. 2. 61. The elections of the members of the Nyaya Panchayat were held on 12. 2. 61. The contention on behalf of the petitioners is that since the Nyaya Panchayat was not then in existence the election of that body was void. In my opinion, this argument has no force. A perusal of the notification shows that a Nyaya Panchayat was established at Senthal for five Panchayat circles mentioned therein. THIS Nyaya Panchayat could not function before 15. 2. 61. The notification was published sufficiently before 15th February, 1961 in order that the elections of the Panchas and the Sarpanch of the Nyaya Panchayat may take place before that date to enable the Nyaya Panchayat to function from 15. 2. 61. A similar provision is to be found under the Panchayat Samitis and Zila Parishads Act. Sec. 7 (1) provides for the constitution of a Panchayat Samiti for a block with effect from a particular date. Sec. 11 (1) lays down that before the date fixed for the constitution of the Panchayat Samiti election of certain members by co-option shall take place. On behalf of the petitioners, the decision of this Court in Sahlot Brothers Vs. The State of Rajasthan (1) was referred to. That case is distinguishable as the territorial limits of the municipality had not been defined in accordance with law before the wards were delimited. In the present case, the Nyaya Panchayat was brought into existence and its territorial limits were defined under the notification which was published in the Gazette dated 14. 1. 61 before the elections of the Nyaya Panchayat were held. The date notified as the date of the constitution of the Panchayat is really the date from which the Nyaya Panchayat was expected to function. Coming now to the question of the validity of the election of the Sarpanch of the Nyaya Panchayat, the deficiencies alleged in the petition occurred subsequently to the issue of the notice calling upon the Nyaya Panchayat to elect a Sarpanch. The petitioners have an alternative remedy by way of an election petition under Rule 78 of the Panchayat and Nyaya Panchayat Election Rules, 1960 and I decline to interfere in the exercise of the extraordinary jurisdiction under Art. 226 of the Constitution. I accordingly dismiss the writ petition. In the circumstances of the case, I direct that parties shall bear their own costs. . ;