( 1 ) THIS is an application under Articles 226 and 227 of the Constitution praying that the order of the Panchayati Adalat of Gursena, dated 27-5-1950, sentencing the applicant under Sections 323 and 356, Penal Code to a fine of Rs. 5 on each court be quashed.

( 2 ) THE facts mentioned in the affidavit of the applicant have not been controverted by the other side. Chhatar Singh, opposite party 2, filed a complaint against the applicant and three others in the Panchayati Adalat, Gursena, under Sections 328 and 356, Penal Code. The Panchayati Adalat consisted of five members. These five members issued summons against the applicant. Later on, in pursuance of an order of the Sub-Divisional Magistrate in place of one of the panches belonging to village Gursena, another panch was substituted. The case was heard by five panches, but the judgment was delivered by three members only. One of the questions raised in the case is that the bench which decided the case consisting, as it did, only of three panches was not validly constituted and its order was without jurisdiction. Under Section 49, U. P. Panchayat raj Act, a bench of five panches has to be constituted to hear a case