Chhangani, J.—This is a reference by the learned Sessions Judge, Udaipur recommending that the order of the Sub-Divisional Magistrate, Udaipur dated 25th April, 1958 dismissing the petitioner Bhagwati Lals complaint for want of sanction under sec. 197 Cr.P.C., should be set aside and the Magistrate may be directed to try the complaint on merits.

2. The facts leading to the present reference may be briefly stated as follows:— The complainant Bhagwatilal was contesting the election for Sarpanchship for the Tehsil Panchayat Girwa. Accused No. 1 Bhanwar Lal was a rival candidate. It appears that on an application by accused No. 1 Bhanwarlal requesting for a certificate regarding the residence of Bhagwatilal, accused Nos. 2 to 6 who are Sarpanch and panchas of Gram Panchayat Kudawal after obtaining a report from the Patwari accused No. 7 to the effect that the name of the complainant Bhagwatilal is not included in the list of the voters for the Panchayat Kudawal, issued a certificate to that effect under their signatures and the seal of the Panchayat on 26th February, 1958. The complainants case is that this certificate was issued by the accused Nos. 2 to 6 falsely to put obstacles in th

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