( 1 ) THE petitioner and the second respondent were candidates for the Office of Pradhan of Gaon sabha Bahua, in Tahsil Fatehpur, at an election held on the 37th December 1955, under the provisions of the U. P. Panchayat Raj Act, 1947 (herein referred to as the Act ). The petitioner was declared elected. Thereupon the second respondent filed an election petition challenging the validity of the former election. The petition was filed before the Sub-Divisional Officer, fatehpur.

( 2 ) ON the 1st March 1956, during the pendency of that petition, the State Government sent a demi-official letter No. A-414/2/a-1956 to all District Magistrates. That letter read as follows:

i am directed to say that reports received by Government indicate that a considerable number of election petitions arising out of the recent elections to Gaon Panchayats have been filed in the courts of Sub-Divisional Officers concerned. It is imperative both from the point of view of efficiency and administrative desirability that sooner these petitions are disposed of the better. It is felt that with their other miscellaneous executive duties S. D. Os. do not get sufficient time to devote to these petitions. Since under Rule 24 of the P. R. Rules these petitions are to be received and decided by the S. D. Os. concerned. One solution is to set up one or more officers in the district exclusively for deciding these petitions and a better solution will be to entrust these petitions to Judicial Officers also by appointing as additional S. D. Os. of the Tehsils to which the petitions relate. This will result in a more expeditious disposal of these petitions. I am accordingly to request that you may appoint as many J. Os, as possible; as additional S. D. Os. for the various sub-divisions concerned and make an equitable distribution of the petitions amongst the Sub-Divisional Officers and the additional s. D. Os. (J. Os.) so that the election petitions are disposed of as early as possible. "

Thereafter on the 6th March Sri R. K. Singh, the District Magistrate, Fatehpur, issued an order of which the first and second paragraphs read as follows: in accordance with the instructions contained in D. O. No. A-414/11-A-1956, dated March 1, 1956, from Sri B. L. Chak, Joint Secretary to Government, U, P. Appointment (A) Department, lucknow, Judicial Officers whose names are given below are appointed Additional S. D. O. of the Tehsil noted against each for the disposal of election petitions filed under Rule 24 of the panchayat Raj Rules:-Name of Judicial Officer: Tehsil for which appointed Sri S. N, Misra, J. O. Fatehpur Fatehpur tehsil Sri C. B. Misra, J. O. Khaga Khaga Tehsil Sri S. N. Sharma, J. O. Khajuha Khajuha tehsil 2. As the cases on the file of the S. D. O. , Fatehpur, is very heavy, all the Panchayat election petitions pending in his Court may be transferred to J. O. Fatehpur for disposal according to law. S. D. Os. Khaja and Khajuha are authorised to transfer Panchayat election petitions to Additional s. D. Os. of their respective tehsils for disposal. "

On the 9th March the Sub-Divisional Officer, Fatehpur, endorsed the following order on the record of the election petition filed by the second respondent:"transfer to J. O. Sadar (Addl. S. D. O. , Sadar)".

There is no dispute that the term "j. O. Sadar" in this order means the Judicial Officer, Fatehpur.

( 3 ) THE petition was then heard by that officer and was allowed by an order dated the 3rd July 1956. The election of the petitioner was set aside and the second respondent was declared duly elected.

( 4 ) THE petitioner then filed a petition in this Court under Article 226 of the Constitution challenging the validity of the order of the Election Tribunal on a number of grounds. That petition was heard by Randhir Singh and Mehrotra, JJ. , who differed in their opinion on two questions which have been referred to us for our opinion. These questions are:

(1) Whether an election petition under Section 12-C of t