WANCHOO,C. J.

( 1 ) THIS is an application by Bhopalsingh under Article 226 of the Constitution and arises in the following circumstances.

( 2 ) THE applicant is resident of village Gothra in Tehsil Degana and is eligible to contest the election for the office of Panch and Sarpanch of Degana Tehsil panchavat. The Sarpanch and Panchas of the Tehsil Panchayats are elected under section 58 (2) of the Rajasthan Panchayat Act, 1953 (Act No. XXI of 1953), hereinafter called the Act. by an electoral col-lege consisting of Sarpanchas and panchas of all the Panchayats in the Tehsil. Twenty-nine Panchayats were notified for this purpose as falling within Degana tehsil whose Panchas and Sarpanchas were entitled to form an electoral college for electing the Tehsil Panchayat of Degana. The applicant wanted to stand for the Tehsil Panchayat Deeana and, therefore, looked into the list of voters who would form electoral college for the Tehsil Panchayat. He says that he then found certain defects and his contention is that in view of those defects, this Court should declare Section 5 of the Act invalid and stay election proceedings relating to degana Tehsil Panchayat till the defects are