JAWAHAR LAL GUPTA, J.

1. Is Rule 42 of the Gram Panchayat Election Rules 1960, which provides that the election petition under the Act shall be preferred to the Executive Magistrate within whose jurisdiction the Sabha area is situate ultra vires the Constitution of India? This is the short question that has been raised in these five writ petitions viz. CWP 2854, 3563, 3734, 504 and 593 of 1993. A few facts, as mentioned in C.W.P. No. 2854 of 1993, may be noticed.

2. Election to the Gram Panchayat of Village Mohadian, Tehsil and Distt. Fatehgarh Sahib was held on 22/01/1993. The petitioner and respondent No. .3, who were duly registered as voters in the said constituency, contested the election. The petitioner lost and respondent No. 3 was elected to the office of the Sarpanch of the said village. The petitioner alleges that respondent No. 3 was elected because he committed various illegalities and improprieties and also because "the Government machinery went out of its way to help him in manipulating his results. It is averred that respondent No. 3 was in actual physical cultivating possession of the Gram Panchayat land for the last many years. In accordance with the provis