( 1 ) THIS matter has come up before me on a difference of opinion having arisen between Naik and Shiv Dayal JJ. , on points to be presently stated, in a petition under Articles 226 and 227 of the Constitution for the issue of a writ of certiorari for quashing an order of the Returning Officer appointed for the Gram Panchayat elections of Lanji Block rejecting a nomination paper of the applicant Thakur prasad for his election to the Gram Panchayat from Ward No. 5.

( 2 ) THE material facts are that for the election of only one person as a Panch from the aforesaid Ward, the petitioner and the respondent No. 3. Kamta Prasad, filed their nomination papers. The applicant's nomination paper was filed before the returning Officer on a certain day at 12. 55 P. M. while the nomination paper of kamta Prasad was filed on the same day at 2. 11 P. M. The petitioner's name was proposed by one Kashinath. That same person also subscribed as proposer a nomination paper relating to Kamta Prasad. Another nomination paper of Kamta prasad was also filed by some other person subscribing as his proposer. The returning Officer rejected the nomination papers of Thakur Prasad as well as of kamt