S.N.P.SINGH, J.

1. These two writ applications have been heard together and they are being disposed of by this common judgment.

2. The relevant facts for the disposal of these two applications may be briefly stated as follows. Deo Sharan Mahto, the petitioner of the two writ applications, was declared elected as the Mukhiya of Kuinbar Gram Panchayat within Imamganj Anchal, Gaya, in the election which was held on the 20th of May, 1971. Ram Bilash Singh (respondent No. 1), who was also a candidate for the election of Mukhiya but was defeated, filed an election petition before the Election Tribunal, Sadar, Gaya, on the 3rd of June, 1971, under Rule 72 of the Bihar Panchayat Election Rules, 1959 (hereinafter to be called "the Rules), a copy whereof has been made Annexure 1 to the writ applications. In the election petition respondent No. 1 alleged, inter alia, as follows:

"7. That after the first round counting of both the booths it was found that the petitioner has secured largest number of votes. But immediately thereafter the polling agent of the petitioner was asked to vacate the place and the Presiding Officer of Maira Portable booth held a secret and confidential party an