DESAI, C.J. : This is an appeal from a judgment of Misra, J. dismissing the appellant's petition for certiorari for the quashing of an order passed by an Additional Sub-Divisional Officer setting aside under S. 12-C of the U.P. Panchayat Raj Act, 1947 read with R. 25 of the Panchayat Raj Rules the election of the appellant to the office of Pradhan of a Gaon Sabha. This special appeal came up for hearing before two of us who referred it to a larger bench because of certain questions of importance involved in it.

2. The appellant was convicted on 27-7-62 under S. 16 read with S. 7 of the Prevention of Food Adulteration Act and fined Rs. 100/-. He had been found guilty of mixing a prohibited colour in sweets sold to a customer. Subsequently he, Naumi Lal respondent No. 2 and two others, who are respondents 3 and 4 contested election for the office of Pradhan of a Gaon Sabha and the appellant was declared elected as Pradhan. Naumi Lal filed a petition under S. 12-C of the Panchayat Raj Act questioning the election on the ground that the appellant was disqualified for being chosen or nominated or for holding any office in a Gaon Sabha on account of his being convicted under S. 1