N.L.Untwalia, J.

1. In response to the rule issued on this application under Article 226 of the Constitution of India, cause has been shown by the opposite party. The petitioner filed a nomination to stand as a candidate for election to the office of Mukhiya of Raghubir Ghak Rampatti and Mahinath pur Gram Panchayat in the district of Darbhanga. Mr. S. M. Kamal, a Magistrate at Madhubani, holding the delegated power of an Election Officer, scrutinised his nomination, considered the objection raised on behalf of opposite party No. 4, Achheylal Jha, and passed the following order on 6-5-1960:

"Objection that his nephew Badri Prasad Ms licence of foodgrain and he is a member of joint family. This is no ground. Hence rejected."

The order being not quite clear and unambiguous in regard to the matter of acceptance of the nomination paper of the petitioner, both the parties went before the Sub-Divisional Magistrate of Madhubani under Rule 23(4) of the Bihar Panchayat Election Rules, 1959. On 19-5-1960, the Sub-Divisional Magistrate, in exercise of his powers under that rule, allowed the objection of opposite party No. 4, and rejected the nomination paper of the petitioner as invali