JUDGMENT

K.B. Asthana, J. - By this petition under Article 226 of the Constitution one Sat Narain who had been elected the Pradhan of the Gaon Sabha of village Khain has brought up an order of the Sub-Divisional Officer of Karchhana dated 31-8-1961 setting aside his election and declaring the scat vacant on an election petition filed by Brij Dhari, respondent No. 2, one of the defeated candidates, for being quashed by a writ of certiorari. It appears that 21-12-1960 was fixed for the scrutiny of the nomination papers. The petitioner along with respondents numbers 2, 3 and 4 to this writ were nominated for the election and their nominations were duly scrutinised and held proper. The election was held on 25-1-1961, The petitioner secured 383 votes, Brij Dhari respondent No, 2 secured 321 votes, Chhotey Lal respondent No. 3 secured 104 votes and Brij Mohan respondent No. 4 secured 11 votes. The petitioner who had secured the largest number of votes was duly declared elected. Brij Dhari respondent No. 2 then filed a petition questioning the election of the petitioner on the main ground that the petitioner was in arrears of payment of tax due to Sabha and was disqualified from being nomi