GOKHALE, J. : This petition under Article 226 of the Constitution challenges the order-made by the Assistant Judge, Kolhapur, by which he dismissed the petition filed by the petitioner seeking to have the election of respondent No. 5 set aside on various grounds.

2. The election in question was of the Panchayat Samiti of the Sidhanerli Electorate Group from Sangav Gat. The petitioner as well as respondents Nos. 5 to 9 were the contesting candidates at the said election. The election was held on 31st July 1962. The date of the election was fixed by the notification issued by the Collector of Kolhapur as required by S. 14 of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1962 (hereinafter referred to as "the Act''). The time for the election as notified in the notification issued by the Collector was from 11 a.m. to 5 p.m. The votes were counted on 3rd of August 1962 and it was found that the petitioner and respondent No. 5 had polled an equal number of votes, viz. 17 votes each. The Returning Officer of the Panchayat Samiti, who is respondent No. 2 to this petition, drew lots as required by Section 26 of the Act and declared that respondent No. 5 was elected in th