JUDGMENT

W. Broome, J. - This writ petition filed by Gajram Singh challenges an order of the Sub-Divisional Officer, Sahaswan (district compensation statement would hence not be Budaun), dated 6-3-1963, ousting the petitioner from the post of Panch of a Nyaya Panchayat on the basis of an election petition filed by Musharraf Ali and Badri (O. Ps. 2 and 3). The Petitioner's appointment has been held to be invalid because he was below 30 years of age at the time of selection.

(1) That no election petition could lie against the appointment of a Panch of a Nyaya Panchayat because there was no election at all.

(2) That even if the petitioner was improperly appointed despite his being under-age, the defect must be deemed to have been cured by virtue of clause (12) of rule 83 of the Panchayat Raj Rules.

(3) That the election petition was not filed by a person entitled to file such a petition in accordance with the provisions of rule 24 (2).

2. It must be conceded that the word "election" normally means a process by which a person is chosen for office by the casting of votes by electors and would not ordinarily include a mere appointment or selection without a poll. The wording of Section 12-C