K.Sahai, J.

1. For the election of the Mukhia of the Atmi Gram Panchayat, the 15th January, 1958, was the last date for filing nomination paper. Petitioner Budhan Singh and opposite party No. 1, Bindeshwari Prasad Singh (who will henceforth be referred to as the opposite party), filed nomination papers. The nomination paper of the opposite party was accepted but that of the petitioner was conditionally accepted on the same date but finally rejected on the 24th January. Thereafter, it was again accepted on the 25th January. As a result of the election, the petitioner was declared to be elected.

The opposite party then filed an election petition in accordance with Rule 79(1) of the Bihar Panchayat Election Rules, 1956, before the Election Tribunal appointed by the District Magistrate under Rule 78 of the same Rules. The Tribunal has declared the petitioners election to be void on the ground that he was disqualified under Section 79(b) of the Bihar Panchayat Raj Act, 1947 , and has declared the opposite party, who was the only duly nominated candidate, to have been elected as Mukhia of the Atmi Gram Panchayat. The petitioner has, therefore, filed this application under Article