C.K. Prasad, J.

1. Petitioner was elected as the Sarpanch of the Gram Panchayat, Parasi which was reserved for the members of the schedule tribe. Respondent no. 1 (hereinafter referred to as the election petitioner) challenged the petitioner's (returned candidate) election in an application filed under section 122 of the M.P. Panchayat Raj Act (hereinafter referred to as the Act) for declaring the election of the returned candidate as null and void as also for his declaration as the Sarpanch of the Gram Panchayat. Election Tribunal (Sub Divisional Officer) by order dated 26.6.1995, after holding that the election petitioner is not a member of of scheduled tribe but of other backward class set aside his election and declared the election petitioner to have been elected as the Sarpanch of the Gram Panchayat. It is common ground that there were other candidates who were nominated at the election, but were not impleaded as party Returned candidate being aggrieved by setting aside of his election as also declaration of the election petitioner, as the Sarpanch of the Gram Panchayat has preferred this writ petition under Article 227 of the Constitution of India.

2. Shri L.S. Baghel, in