B.D.Singh, J.

1. This application under Articles 226 and 227 of the Constitution of India by the sole petitioner. Ram Narayan Yadav, is directed against the order dated the 31st March, 1971, passed by the Election Tribunal (respondent No. 3) (Annexure 2) setting aside the petitioners election as Mukhiya of Nanaura Gram Panchayat and declaring Garib Yadava, respondent No. 1, as duly elected Mukhiya of the said Panchayat in place of the petitioner.

2. The petitioner along with respondent No, 1, and three persons had filed their nomination papers on the 2nd June, 1969, for election of the Mukhiya of the said Panchayat. Subsequently, the other three candidates withdrew their nomination. Therefore, the petitioner and respondent No. 1 alone were left in the field for contest for the post of Mukhiya. According to the programme the polling for the election was held on the 30th October, 1969. The petitioner secured 838 votes while respondent No. 1 secured 781 votes. Therefore, the petitioner was declared elected as mukhiya by a margin of 57 votes on the same date. On the 29th November, 1969, respondent No. 1 under Rule 72 of the Bihar Panchayat Election Rules, 1959 (hereinafter refe