Madan Mohan Prasad, J.

1. This is an application under Articles 226 and 227 of the Constitution of India for quashing an order passed by the Sub-divisional Magistrate under Sub-rule (4) of Rule 23 of the Bihar Panchayat Elections Rules, 1959 (hereinafter referred to as the Rules) and issuing necessary directions.

2. The case of the petitioner, briefly, stated is as follows: There was an election of Sarwak Gram Panchayat situated within the jurisdiction of the police-station at Rafiganj in the district of Gaya to take place in the year 1971. The date for nomination papers to be filed in connection with different posts was fixed as 30th of March, 1971. The petitioner filed his nomination paper for the office of Mukhiya. Respondents 4 to 14 also filed their nominations for the same post. The nomination papers of respondents Nos. 4 and 5 were, however rejected thus leaving the petitioner and respondents 6 to 14 as the duly nominated candidates. At the time of the scrutiny respondent No. 6 filed a petition of objection to the acceptance of the nomination paper of the petitioner on the ground that he had entered into an agreement for the purpose of constructing a well in village