( 1 ) THIS is a petition under Article 226 of the Constitution for a writ of mandamus to hold the election of 5 Panchas of the Gram Panchayat, Piprai, and not to give effect to the order of the Collector dated November 4, 1969, whereby the notification calling the election was cancelled.

( 2 ) UNDER the M. P. Panchayats Act, 1962, election to the Gram Panchayat, Piprai, was held and the petitioner was elected a Panch from ward No. 3. The Panchayat consists of 18 elected and 3 selected Panchas.

( 3 ) KOMALCHAND Jain was elected Sarpanch under Section 21 of the Act, but on June 22, 1967, he resigned. He, however, continued to work upto July 31, 1967. On the last mentioned date, the charge was handed over by Komalchand Jain to the Up-Sarpanch Ejaz Ahmed. Ejaz Ahmed acted as Sarpanch exactly for one year.

( 4 ) ON July 31, 1968, a fresh election of the Sarpanch was held. The petitioner was elected the Sarpanch. On September 2, 1968, the election of Champalal as Sarpanch was notified. On September 18, 1968, however, the Collector directed that Champalal should not be given charge of the Sarpanch. On October 14, 1968, the Collector revoked his order and directed that the charge of Sarpanch be given to Champalal. On October 17, 1968, the Collector's order reached the Gram Panchayat. On October 30, 1968, a formal charge was handed over by Ejaz Ahmed to champalal.

( 5 ) HOWEVER, in the meantime, on October 15, 1968, 10 Panchas resigned their office by giving notice in writing to Ejaz Ahmed. This is the bone of contention.

( 6 ) WHEN Champalal came to know that certain Panchas had resigned, he tried to find out the resignations, but he could not lay his hands on the resignation papers in the office and he was told that the papers had been sent to the Collector. He wrote to the latter to send the resignations to the Panchayat office but they were not returned. Champalal then wrote to the Panchas to confirm their resignations. Five of them confirmed their resignations but the other five informed Champalal that they had not resigned. Those who confirmed their resignations had been elected from wards Nos. 1, 4, 9, 14 and 15. Champalal, therefore, on December 26, 1968, requested the Collector to hold an election to fill the vacant seats of the panchas who had confirmed their resignations. The Collector then by his order dated October 14, 1969, fixed the programme for the election, the date of polling being November 19, 1969. He also prescribed the location of polling booths for the election.

( 7 ) HOWEVER, on November 4, 1969, the Collector cancelled his previous order dated October 14, 1969, on the ground that the resignations could not be given effect because they were not submitted to the Sarpanch. The petitioner challenges the order of the Collector cancelling the election.

( 8 ) ALL these facts are not in dispute. The only question for determination is whether on October 15, 1968, when the resignations were submitted to Ejaz ahmed, Champalal was the Sarpanch or Ejaz Ahmed was the Sarpanch within the meaning of Section 26 of the Act.

( 9 ) THE relevant provisions in the Panchayat Act may be recapitulated. Section 11 of the Act provides for the constitution of a Gram Panchayat. Section 12 provides for making rules for the election and co-option of Panchas of a Gram Panchayat. Section 18 provides for the term of office of the Panchas. It reads thus :--"the Panchas of a Gram Panchayat shall, save as otherwise provided in this Act, enter upon their offices with effect from the date of the first meeting of the Gram Panchayat fixed under Sub-section (2) of Section 19 and hold office for a term of five years : provided that the term of office of the outgoing Panch shall be deemed to extend to and expire on the day preceding the date of the first meeting of the succeeding Gram Panchayat under Sub-section (2) of section 19: provided further that the State Government may, by notification, extend the term from time to time for a tota