DESAI, J.

( 1 ) THIS is a petition for a writ of certiorari to quash the decision of opposite party No. 1 Sri mulchand, additional Sub-Divisional Officer, Rasra and any other writ or direction that may be deemed necessary in the interest of justice.

( 2 ) THE petitioner contested election for the office of Pradhan of village Chaukia; he was elected by an overwhelming majority on 12-3-1956. The defeated candidate, Babu Bam filed an election petition which was dismissed on 11-8-1956 by opposite party No. 1. Another election petition was filed by Sukh Raj Ram and others, opposite parties 2 to 16, and it was allowed by opposite party No. 1 on the same date on the ground that the petitioner was less than thirty years of age and was, therefore, disqualified for the office of Pradhan.

( 3 ) THE petitioner claims that he was more than thirty years of age when he contested the election, that according to the family register prepared for the purpose of the elections he was 31 years of age and that an objection to his being a candidate for the election on the ground of his being of under age had been rejected by the polling officer before whom it was raised. He also contested the jurisdiction of opposite party No. 1 to dispose of the election petition; he contended that opposite party No, 1 was a judicial officer and also additional sub-divisional officer but not sub-divisional officer. Two election petitions were amalgamated by opposite party No. 1 and evidence was recorded in one, merely that filed by Babu Ram, and was treated as evidence in the other petition also; the petitioner contended that this was an illegal procedure adopted by opposite party No. 1. He therefore prayed for the decision of opposite party No. 1 setting aside his election and declaring a vacancy in the office of pradhan, being quashed.

( 4 ) THE petition was opposed by opposite party No. 7. He pleaded that the petitioner was found to be less than 30 years of age on an enquiry by opposite party No. 1, that he had jurisdiction to decide the election petition, that he amalgamated the two petitions and recorded evidence in one to be used in both with the consent of all the parties and that the election was not fair and was vitiated by some illegalities.

( 5 ) THE election of pradhan was held under the U. P. Panchayat Raj Act (No. XXVI of 1947 ). The relevant provisions of the Act and of the Rules framed by the State Government in exercise of the powers conferred by Section 110 of the Act are as follows. (References to sections are to sections of the Act and references to rules are to rules of the U. P. Panchayat Raj Rules, 1947 ).

( 6 ) A gaon sabha consists of all adults ordinarily resident within the area in which it is established but non-citizens of India and Lunatics are disqualified to be members, vide Section 5. Every gaon sabha has a pradhan (Section 11-A) and he is to be elected by the members of the gaon sabha from amongst them (Section 11-B ). It is provided in Section 12-C that the election of a person as pradhan shall not be called in question except by an application

"presented to such authority within such time and in such manner as may be prescribed on the ground that. . . . . . . . . . . . . . . . . . . . . . (b) the result of the election has been materially affected (i) by the improper acceptance or rejection of any nomination; or (ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder. "

A person is disqualified for being chosen, nominated or appointed to, and for holding any office in the gaon sabha if he is not a member of the gaon sabha, holds any office of profit under a State government, is a salaried servant of a gaon sabha, has been dismissed from the service of a State government, is in arrears of any tax due to the gaon sabha, is suffering from leprosy, is an undischarged insolvent, has been convicted of an offence involving moral turpitude, had been ordered to give security under Section 109 Or 110, Cr