ORDER:- This is an application under Article 226 of the Constitution of India directed against an order of the Executive Committee of the Marigaon Mahkuma Parishad, Marigaon, Settling (24) Lahorighat Bi-weekly Bazar with Ismail Hussain, respondent No. 5 in exercise of its power under the Assam Panchayati Raj Act, 1972 and the Rules flamed thereunder.

2. Mr. S.C. Das, the learned counsel appearing on behalf of the Intervener (Shri Manai Basumatari) has raised a preliminary objection that the petitioner ought not to be granted any relief under the extraordinary jurisdiction as the petitioner has come to the court by skipping over his statutory remedy provided for in Section 138. Assam Panchayati Raj Act, 1972, "the Panchayati Act" for short, as there is alternative and efficacious remedy provided for in Section 138 of the Panchayati Act for getting full, adequate and efficacious relief from the authority constituted to hear matters under the said section.

3. Counsel submits that at all relevant time when the impugned order was made the provision of Article 226(3) read as:

"No petition for the redress of any injury referred to in sub-clause (b) or sub-clause (c) of clause (1) sh