D. S. DAVE J.

( 1 ) THIS is a writ application by Banshilal and 9 others under Articles 226 and 227 of the Constitution of India arising out of the following circumstances:

( 2 ) IN exercise of the powers conferred upon non-petitioner No. 1, i. e. The rajasthan State, under Section 3 of the Rajasthan Panchayat Act, 1953, a Gram panchayat was constituted for Kanod in Udaipur District. The election of the panchas of the said Panchayat was held on 5-8-1955. The Petitioners were declared to be duly elected panchas in the said election by notification No. 31541/42 dated 30-9-1955. The petitioner No. 1, Banshilal, was elected as surpanch, petitioner No. 2, Madanlal was elected as Upsarpanch and the remaining 8 were elected as panchas. They took their oath of office and started working.

( 3 ) THE petitioners allegation is that since they were members of the Praja Socialist party, the Congress Party first tried its best through Roshanlai, Vishvanath Vyas and Udailal to persuade them to join the congress party, but when they could not be persuaded to do so, Shri Udailal Vardia moved non-petitioners Nos. 1 and 2 for dissolving the Kanod panchayat on the basis of a few false complai