( 1 ) THE Nyaya Panchayat Bathawar, Pergana Berhal, District Benaras, consists of seven Gaon sabhas out of which Bathawar is one. The total membership of the Nyaya Panchayat is fifteen. Two panches have to be appointed each from the Gaon Sabha Bathawar, Daiyapur, Khehara, keshopur, Khuchama and Rewasa and three panches from the Gaon Sabha Sara. Section 43 of the U. P. Panchayat Raj Act requires that the Nyaya Panches of the Nyaya Panchayat shall be appointed out of the persons elected in accordance with Sub-section (6) of Section 12 and section 12-A of the Act. After the last general election held in connection with the constitution of Gaon Panchayat, under the aforesaid provision of the Act, the appointment of Nyaya Panches had to be made. It is alleged that out of the total number of members of the Gaon Panchayat for gaon Sabha Bathawar two seats belonging to scheduled caste still remained to be filled up. Similarly some seats in the Gaon Panchayat of Daryapur had to be filled up by the prescribed authority through nomination. The petitioner claims that the law required the District Magistrate to make appointments as Nyaya Panches only after the Gaon Panchayats h