1. The petitioners are residents of Village Kulharia under the territorial jurisdiction of the Kulharia Gram Panchayat. Respondent No. 7 is a resident of Village Kuberchak, Dhandiha Gram Panchayat. The petitioners are voters of Kulharia Gram Panchayat while respondent no. 7 is a votes of Dhandiha Gram Panchayat. Both Gram Panchayats are under the Koilwar Block, District Bhojpur. Petitioner No. 1 and Respondent No. 7 filed nominations for the post of Mukhiya of the Kulharia Gram Panchayat. The petitioner filed objection to the nomination filed by respondent No. 7 on the ground that he was not a voter of the Kulharia Gram Panchayat and therefore ineligible to file such nomination. The objection was rejected on 21.3.2007 by the Returning Officer. The elections took place and results were declared on 17.6.2006. Respondent No. 7 was elected as Mukhiya.

2. The issue for determination is, if a voter of one Gram Panchayat is eligible to contest for the post of Mukhiya from another Gram Panchayat under the same Block.

3. Learned Counsel for the petitioner submitted that Clause 4(xvi) of the Commissions direction dated 25.2.2006 at Annexure-1, in so far as it permitted the voter of o