1. The short question that arises for consideration in this writ is, whether competent authority (SDO) was justified in allowing the election petition filed by the respondent No.1 against the petitioner under section 122 of the Panchayat Raj Adhiniyam (for short hereinafter referred to as Adhiniyam). In other words, the question that arises for consideration is, whether competent authority was justified in holding that petitioner was disqualified for contesting the election or in any event disqualified to get himself elected on the post of Sarpanch because he was holding yet another post of President of one co-operative society. This, in substance, is the question. It arises on following facts which were pleaded by the parties in the election petition and were relied upon for recording the impugned finding against the petitioner. .

2. There is a Gram Panchayat at village Rathana in District Mandsour. Election for the post of Sarpanch was announced by Annexure P-l issued by the returning officer. In terms of the election programme, the election programme became operative from 6.5.1999 when list of electoral was published. Parties were to submit the nomination on 10.5.1999 wherea