Wanchoo, C. J. - (1.) THIS is an application under Art. 226 of the Constitution by Nanalal for issue of a writ, direction or order in connection with the election of Sarpanch to the Gram Panchayat of Ghatiyavali.
(2.) THE election to the office of the Sarpanch of this Gram Panchayat was held on the 22nd of June, 1956. THE applicant was one of the candidates and was defeated in the election. His complaint is that the Returning Officer suddenly and without notice changed the venue of election to the tank site from the school where it was originally fixed. This place is about three-quarters of a mile from the school. THE result of this change was that many of the voters went away without casting their votes, and the applicant was defeated. It may be mentioned that the applicant has filed an election petition before the Collector of Chittorgarh in this connection, and that application is still pending. He has come to this Court in view of our decision in Chandra vs. State of Rajasthan (1 ). In that case it was decided that a Panchayat election could not be challenged except on the ground of misconduct or corrupt practice of the candidate or his agent, and that r. 20 had nothing to do with the misconduct or corrupt practice of the Returning Officer. That case related to the elections which were held in April and May, 1955. Since those elections rule 20 has been amended, and the words, "or such irregularity" have been added to the rule after the words 'corrupt practice', so that the rule now provides for an election petition also on the basis of irregularity which has substantially influenced the result of the election. This provision clearly refers to an irregularity committed by the Returning Officer in the conduct of elections, and if the irregularity is of such a nature that it has influenced the result of the election, an election petition would lie. We therefore, think it necessary to point out that Chandra's case (1) will apply only to elections held before the 12th of September, 1955, on which date Rule 20 was amended by adding the words "or such irregularity" in it. From the 12th of September, 1955, any irregularity committed by the Returning Officer can be the basis of an election petition before the Collector provided it has influenced the result of the election. Whether an irregularity has or has not influenced the result of the election is a matter of fact with which the Collector will deal in disposing of the election petition. In this view of the matter, the application is hereby dismissed, and the applicant must pursue his remedy before the Collector as he has already done. .;