JAGAT NARAYAN, J.—This is a petition under Art. 226 of the Constitution by Ganeshram against an order of the Munsif, Bikaner, acting as a Tribunal under rule 78 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules, 1960 setting aside his election petition filed by the defeated candidate Megharam. The petition has been contested on behalf of Megharam.

2. Polling took place on 1.1.65. The polling station was divided into two booths. In the box in booth No. 1 the voters of wards Nos. 1 to 5 were to cast their votes in the box in booth No. 2 voters from wards Nos. 6 to 8 were to cast their votes. The Returning Officer Shri Shiv Charan Kashyap was incharge of booth No. 2 in particular and Shri Kamal Kishore, Assistant Polling Officer was incharge of booth No. 1. The time for polling was upto 5 p. m. At 4.15 p.m. a disturbance took place in booth No. 1 in which Shri Kamal Kishore was severely beaten. This much is not disputed. What happened afterwards is a matter of some controversy between the parties. I have perused the material on record and I agree with the findings of fact arrived at by the Tribunal. According to these findings when the disturbance took place the remaining v

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