PADHYE J.-Village Jaola Shahapur in taluq Aohalpur, district Amravati has been divided into four wards for the purposes of Village Panchayat. Ward No.4 with which we are concerned in this petition is a double-member constituency. The elections to the Village Panchayat in this village were held on 11.4.1967. The petitioner and the respondents Nos. 1 to 3 were the four candidates for election to the Village Panchayat from Ward No.4. Two members were to be elected from this constituency. As a result of the counting on 11th April 1967 it was found that the respondent No.2 Ganeshrao Malluji secured 92 votes, the petitioner and the respondent No. 1 secured 87 votes each and the respondent No.3 Hiraman secured 72 votes. Being a double-member constituency, the respondent No.2 Ganeshrao who secured largest number of votes was first declared elected. So as to secure the second seat, there was a tie between the petitioner and the respondent No.1, each of them having secured 87 votes. Since the petitioner and the respondent No. 1 secured equal votes, the Returning Officer acted under rule 34, sub-rule (3) of the Bombay Village Panchayats Rules 1959 and lots were drawn as a result of w