GULATI, J. :- This is an appeal by Chedda Lal, whose writ petition has been dismissed by the Hon'ble S.N. Dwivedi, J.

2. The appellant and respondent Nos.3 and 5 contested the election to the office of the Pradhan of Gaon Sabha Kuchela. The appellant secured 684 votes, the respondent No.3 secured 679 votes, the respondent No.4 got 13 votes and respondent No.5 obtained 16 votes. The appellant was declared elected by the Returning Officer. Respondent No.3 filed an election petition on the ground amongst others that certain valid votes of his were wrongly rejected and certain invalid votes of the appellant were wrongly counted by the Returning Officer. The election petition filed by respondent No.3 came before the Judicial Officer, who recorded evidence led by the parties. The ballot papers which were kept in a sealed cover by the Returning Officer were sent for by him for inspection and recounting. Before, however, the Judicial Officer pronounced the judgment, the case was transferred to the Sub-Divisional Officer for trial, presumably on the apprehension that a Judicial Officer had no jurisdiction to decide an election petition. On an application being made by respondent No.