( 1 ) THIS is a petition under Article 226 of the Constitution of India impugning the legality of an order passed by the Sub-Divisional Officer, Tanda allowing the election petition under Section 12 (c) of the U. P. Panchayat Raj Act. In 1961 there was an election held for the office of the pradhan of the Gaon Sabha, Baskhari in the District of Faizabad. The petitioner Sheo Baran was not a candidate but only a voter. The rival candidates were the first and the second respondents bindeshwari Prasad and Dudhnath. Bindeshwari Prasad was elected. Dudhnath filed a petition challenging the election of the winner on the ground that he was holding an office of profit under the Government at, the tune of his nomination and, therefore, disqualified for election. Dudhnath prayed that the election of Bindeshwari Prasad be set aside, and further that he be elected as the sole candidate after the rejection of Bindeshwari Prasads nomination papers. Bindeshwari Prasad contested the petition and filed a written objection in which he denied that he held any office of profit under the Government. In his evidence before the tribunal, he admitted that he was employed as a temporary mat