P. C. MISRA, J.

( 1 ) THE petitioner was a candidate for election to the office of Sarpanch of the Raighara Grama Panchayat for which he had filed his nomination. Opposite Party 3, Dhanuram Ganda, raised an objection against the candidature of the petitioner on the ground that the petitioner had been described as Abhan Singh Rajput at serial No. 82 against Holding No. 43 of the electoral roll whereas he had signed the nomination paper as Abhan Singh without mentioning 'rajput' after his name. The Election Officer-Opposite Party No. 1 by his order D/-24-12-83 rejected the nomination paper of the petitioner on the ground that the petitioner's name did not tally with the name given in the electoral roll. Consequently, the list of validly nominated candidates did not contain the name of the petitioner for which he could not contest the election. Therefore, the petitioner has prayed for quashing of annexure-2 and also for quashing the election held without giving him an opportunity of contesting the said election.

( 2 ) OPPOSITE party No. 1, the Election Officer, has filed a counter affidavit contending that the rejection of the petitioner's nomination paper is in accordance with the