JAGAT NARAYAN, J.—This is a petition under Art. 226 and 227 of the Constitution by one Ramdayal whose election as Sarpanch of the Bileta Panchayat was set aside by the Munsif of Rajgarh acting as a Tribunal under Rule 78 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules, 1960, (hereinafter referred to as the Rules) on an election petition filed by Jagdish, respondent No. 2.

2. The election of the Sarpanch took place on 16-12-60. Ramdayal and Jagdish respondent No. 2 were the only two candidates. As a result of the election both of them polled equal number of votes. Thereupon the Returning Officer drew lots as provided under R. 40 and declared Ramdayal as duly elected. Against his election Jagdish filed an election petition. The learned Munsif held that ballot paper No. 10995 which had been counted as a valid vote in favour of Ramdayal petitioner was invalid as the mark on it against the name of Ramdayal was made with a seal containing the figure "8" instead of a cross mark. He was of the opinion that a ballot paper so marked was not in conformity with the Rules and was liable to rejection under R. 39(1).

3. Rule 30(1) which prescribes the manner of marking a ballot paper

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