CHANDURKAR J.-The petitioner in this petition had filed an election petition under section 27 of the Maharasbtra Zilla Parishads and Panchayat Samitis Act, 1961 (hereinafter referred to as the "Zilla Parisbads Act") challenging the election to the Panchayat Samiti of North Sholapur from three wards, namely, Mardi-Wadala, Kasbe Sholapur-Bale and Degaon Kumthe from which each of the respondents Nos. 1 to 3 respectively were candidates. The petitioner himself is a voter only from Degaon village and it is not now disputed before us that he would be entitled, if at all, to challenge the election only so far as respondent No.3 is concerned. On other words, it is conceded that the challenge to the election of respondents Nos. 1 and 2 was not maintainable at the instance of the present petitioner.

2. The petitioner's case against respondent No.3 appeared to be that he was in arrears of the amount of hire in respect of engine of the North Sholapur Panchayat Samiti taken by him on hire from the said Panchayat Samiti and be bad so remained in arrears for more than six months despite the service of a demand notice on him. The election petition came to be tried by the Extra Assistant J