DAVE, Actg. C.J.—The two appeals noted above are directed against two different orders of a learned single Judge of this Court dated August 31, 1962 and Sept. 18, 1962, respectively, passed in two different writ applications under Art. 226 of the Constitution of India, but since common questions of law are involved in both of them they are disposed of together.

2. Before dealing with the questions of law we think it proper to narrate, in brief, the facts of both the cases.

3. In Appeal No. 20, the general election of the Bichpuri (Gujran) Panchayat, tehsil Khandar, district Sawai Madhopur, was held on December 18, 1960. The petitioner Keshavdev contested the election of Sarpanch against Radhey Shyam respondent No.l. The petitioner was elected declared having scored a larger number of votes as against his opponent. Respondent No. 1 thereafter filed an election petition under R. 78 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules, 1960, which will hereinafter be referred as the Rules, before a Tribunal viz, Munsif Sawai Madhopur. The hearing of the said petition proceeded before the Tribunal for a long time. Both the parties concluded their evidence and only arguments rema

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