MASODKAR J.- The debated issue in the present petition relates to the jurisdiction of the Assistant Judge, Nasik, to entertain Election Petition No.7 of 1979 and further to the disqualification that has been found against the present petitioner in view of the provisions of section 16 (1) (a) (i) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, for, admittedly, the petitioner's wife is a primary teacher since September 3, 1965 and she was posted at Deola at the time of election of the petitioner as a member of the Panchayat Samiti, Kalvan from Deola Electoral College -and she has been thereafter serving as a primary teacher at village Adgaon which falls in the Panchayat Samiti area of Nasik. Holding that the petitioner was disqualified under section 16 (I) (a) (i) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 to be the member of the Panchayat Samiti, his election ~as been set aside.

2. Mr. Kankaria, the learned counsel, in support of the present petition, mainly urged three points. Firstly, the learned counsel contended that in view of the Rules framed under section 14 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961