JAGAT NARAYAN, J.—This is a petition under Art. 226 of the Constitution by one Begaram against an order of the Collector Sikar setting aside his election as Sarpanch of the Dinarpura Panchayat on an election petition filed against him by Jiwanram respondent No. 2, The petition was contested by Jiwanram.

2. Bega Ram was elected Sarpanch of Panchayat Dinarpara at an election held on 23.1.59- On the date of election an objection was taken that he did not fulfil the qualification of literacy prescribed under sec. 13(1) of the Rajasthan Panchayat Act (hereinafter referred to as the Act). The Returning Officer thereupon tested the ability of the petitioner to read and write Hindi as required by R. 8 of the Panchayat Election Rules (hereinafter referred to as the Rules) and gave a decision that he was duly qualified in that behalf. Thereafter polling took place and Begaram was declared elected as Sarpanch, having defeated the rival candidate Jiwanram by 10 votes.

3. Against the election of the petitioner Jiwanram filed an election petition under R. 19 of the Rules. The petition was forwarded by the Collector to the Sub Divisional Officer for inquiry and report. The S.D.O. reported that the

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