R. N. MISRA, J.

( 1 ) THIS is an application under Articles 226 and 227 of the Constitution asking for the issue of a writ of certiorari to quash the order passed by the Munsif of Balasore exercising the powers of an Election Commissioner under the provisions of the orissa Pan-chayat Samiti and Zilla Parishads Act (No. 7 of 1960) (hereinafter referred to as the Act.)

( 2 ) THE petitioner and opposite parties 1, 2 and 3 were candidates in the contest for the office of the Chairman of the Khaira Panchayat Samiti in the district of balasore. The election was held on 7-1-68. and the petitioner was declared elected as the Chairman. Opposite party No. 1 thereupon made an election petition before the Munsif of Balasore who is the Commissioner duly appointed under the aforesaid Act. and the said application came to be registered as Election Misc. Case No. 1 of 1968. The election was sought to be challenged on various grounds, and one of them material for our present purpose was that the petitioner had incurred the disqualification prescribed under Section 25 (1) (b) of the Orissa grama Panchayat Act, 1964, read together with Section 16 (3) (a) of the Act. The facts constituting the said d