Madan Mohan Prasad, J.

1. This is an application under Articles 226 and 227 of the Constitution of India for the purpose of quashing an ORDER :passed by the Election Tribunal setting aside the election of the petitioner as Mukhia of a Gram Panchayat.

2. The petitioner's case is as follows. The election for the office of Mukhia of the Gram Panchayat of Bhadeya in the district of Gaya was to take place and the petitioner and the first respondent besides one more person filed their nomination papers which were accepted. Thereafter' the third person withdrew from the contest and an election was held as a result of which the petitioner secured 712 votes whereas the first respondent got 705 votes and, therefore, the petitioner was declared duly elected. The first respondent then filed an election petition before the Tribunal the petition was not verified in accordance with law nor was the schedule of, corrupt practices attached to the petition verified as required by rules nor was it supported by any affidavit as required by rules nor was it supported by any affidavit. It should have, therefore, been dismissed. The Election Tribunal, however, proceeded to hear the matter and with