Wanchoo, C.J.—This is an application by Laxminarain against the Chief Panchayat Officer, Rajasthan, and two others. He has prayed for a writ of mandamus directing the Chief Panchayat Officer to carry out his duties under the Panchayat Act and Rules.

2. The fact, which have given rise to this application, are these—

There is a Panchayat in Sahawa. Elections to that Panchayat were held on the 19th of November, 1954, and 12 Panches were elected on that day. The same date was fixed for the election of the Sarpanch also; but when the election of the Sarpanch began, these was a disturbance, and that election was postponed to the 5th of January, 1955, under rule 5 of the Panchayat Election Rules. On that day, two names were proposed namely that of the applicant Laxminarain, and of the opposite party Shivnarain. After sometime, however, Shivnarains party left the place, and thereafter the Returning Officer declared Laxminarain elected unopposed. Then he submitted a report to the Chief Panchayat Officer under rule 17 of the Panchayat Election Rules mentioning the names of the Sarpanch and the Panchas. The Chief Panchayat Officer instead of notifying the names, started questioning the report,

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