Judgment

DUA, J.: This appeal by special leave is directed against the Judgment and order of a Division Bench of the Allahabad High Court dated March 13. 1968 affirming the order of a learned single Judge of that Court directing that a complaint be filed against the appellant for his prosecution for making a false statement in para 10 of his affidavit dated July 6. 1960 to the effect that he had not been acting as Sarpanch till December 7, 1957.

2. The relevant facts necessary for understanding the controversy may now be briefly stated. Chajoo Ram, appellant, was elected Sarpanch of the Nyaya Panchayat of Risia Bazar, Tehsil Nanpora, District Bharaic at the election held for that office on October 29, 1956. Radhey Shyam (respondent in this Court) who was defeated in that election filed an election petition which was dismissed on June 3, 1958. During the trial of that petition an injunction was issued restraining the appellant from functioning as a Sarpanch. That order remained in force from December 3, 1956 to December 10, 1957. After the dismissal of the election petition, the appellant started functioning as Sarpanch. Several complaints also seem to have been made by Radhey Shyam a