1. - A writ of quo warranto issued by the Single Judge vide his order dated 19.11.2007 which has resulted in displacing the present appellant from the membership and Pradhan of Panchayat Samiti, Buhana is subject matter of challenge in this appeal.

2. The present appellant filed his nomination paper for election to the membership of Ward No. 25, Panchayat Samiti, Buhana on 13.01.2005. In his declaration, he declared that no Court has ever taken cognizance against him in a criminal case and that no criminal case was pending against him. His nomination paper was accepted by the Returning Officer. The voting took place on 29.01.2005 and after counting of votes, on 08.02.2005, the appellant was declared as a member of ward No. 25, Panchayat Samiti, Buhana. Having been elected as a member of Panchayat Samiti, Buhana, he also contested the election of Pradhan, Panchayat Samiti and he was declared elected.

3. Dharam Singh the present respondent No. 2 who was an unsuccessful candidate from Ward No. 25, after about five months, made an application to the State Government that for the offences punishable under Sections 420, 467, 468 and 471 IPC, a first information report was register