Untwalia, J.

1. In all these live cases the election under Clause (iii) of Sec. 5 of the Bihar Panchayat Samitis and Zila Parishads Act, 1961 (Bihar Act VI of 1962), hereinafter called the Act, of the representatives of the different Co-operative Societies in the different Blocks by the Secretaries thereof from amongst themselves to the various Panchayat Samitis. has been challenged on two grounds: (i) that Rule 3 of the Bihar Panchayat Samitis and Zila Parishads (Elections, Co-options and Election Petitions) Rules, 1963, hereinafter called the Rules, prescribing the manner of the election under the said provision of the Act, as it stood at the relevant time, was constitutionally invalid; and (ii) that the Returning Officer did not obtain a list of Secretaries from the Assistant Registrar of Co-operative Societies as required by the said rule for the purpose of convening a meeting for election of the representatives specified in Clause (iii) of Sec. 5 of the Act.

2. There have been many amendments in the Act and the Rules in the year 1964. But since we are concerned in all these five cases with the elections which were held in the year 1963, I shall refer to the relevant pr