1. This writ application arises of it of an election petition which was filed, by respondents No. 4 and 5 challenging the election of the petitioner as the Mukhiya of Chak Rajopatti Gram Panchayat.

2. The petitioner was declared elected as the Mukhiya of the aforesaid Gram Panchayat on 1-6-1978. Respondents Nos. 4 and 5 filed the election petition in question on 1-7-1978 before the Panchayat Officer as on that day the Presiding Officer of the Tribunal constituted for deciding such election disputes was on leave. On 3-7-1978 that election petition was presented before the Election Tribunal, respondent No. 2 (hereinafter referred to as the Tribunal). It is not in dispute that the period of thirty days prescribed under Rule 72 of the Bihar Panchayat Election Rules, 1959 (hereinafter referred to as the Election Rules) expired on 1-7-1978. As on that date the election petition was not filed before the Tribunal, the Tribunal, by its order dated 5-8-1978, dismissed the said election petition as time barred. Respondents Nos. 4 and 5 being aggrieved by the aforesaid order filed an appeal before the District Judge, Sitsmarhi, who was the appellate authority, against the decision of t