WANCHOO, C. J.

( 1 ) THIS is an application under Article 226 of the Constitution by Jugraj, and arises in the following circumstances:

( 2 ) THE case relates to village Osia in which a Panchayat had been established under the Marwar Village Panchayat Act of 1945 (hereinafter called the Marwar act ). Prom the 1-1-1954, the Rajasthan Panchayat Act (No. 21) of 1953 (hereinafter called the Act) came into force. A notification was issued under the Act for the establishment of a Panchayat consisting of two villages namely Osia and Dhunaria. Thereafter, elections were held to this Panchayat of the two villages, and certain persons were elected. The applicant contends that under Section 93 (2) of the Act the Panchayats established under the Marwar Act were deemed to have been established under the Act from the date of its commencement, i. e. 1-1-1954. Therefore, it was not open to the State Government by means of a notification, dated 13-11-1954, to establish another Panchayat consisting of Osia and dhunaria, and that if the State Government wanted to add any area to the Osia panchayat, it should have taken action under Section 86 of the Act. No action was, however, taken under S