JUDGMENT

M.C. Desai, C.J. - The sole question raised in this petition is whether opposite party No. 2, who was in arrears of tax due by him to the Gaon Sabha of village Ram Rurha, was on that ground disqualified from being nominated for holding the office of Pradhan of the Gaon Sabha of village Matua Sauraiya under Sec. 5-A of the U.P. Panchayat Raj Act. The Returning Officer rejected the nomination of opposite party No. 2 holding that he was disqualified and the petitioner, who was the only other candidate nominated, was declared elected unopposed. The opposite party filed an election petition challenging the petitioner's election and it was dismissed on the ground hat the opposite party was disqualified; the election Tribunal did not go into other matters because the petition challenging the election implies on the ground of disqualification was bound to fail. The opposite party applied for certiorari for the quashing of the order of the Election tribunal and the application was granted by our brother Sharma, who held that the opposite party was not disqualified for being in arrears of a tax due to another Gaon Sabha. He remanded the case in the tribunal for hearing the petition o