( 1 ) THIS revision case raises the question whether an election as a member of the Gram Panchayat or an election as a member of the Anchal Panchayat constituted under the West Bengal Panchayat Act, 1956 can be set aside by the election tribunal on the ground that the candidate is not a citizen of India. The election of the petitioner as a member of the Sarvamangala Gram Panchayat as also his election as a member of the Basaria Anchal Panchayat have been set aside by the election tribunal on this ground by its order dated the 15th March, 1961. The election took place on December 10 and 11, 1961. The name of the petitioner had then been entered without any objection from anybody in the finally published electoral roll of the West Bengal Legislative Assembly relating to the are of the Sarbamangala Gram Sabha. The petitioner was born in the territory of India; but in 1948 he migrated from the territory of India to the territory now included in Pakistan. He married and settled in Pakistan and lived there for more than ten years. In 1958 he came to India as a Pakistan national with a Pak-passport for temporary stay under a 'c' visa and since then he is living in india. As