Judgment B.D.Singh, J. 1. In this application under Articles 226 and 227 of the Constitution of India the four petitioners have challenged the entire election of Barawan Gram Panchayat, which is under the jurisdiction of Poonpoon Block in the District of Patna, on the ground that the local limits of the said Gram Panchayat was altered by the Block Development Officer (opposite party No. 1) the Election Officer (opposite party No. 2?). Sub-divisional Magistrate (Opposite party No. 3) and the District Magistrate (opposite party No. 4) during the impugned election at the time of notifying regarding the booths under Rule 31 of the Bihar Panchayat Election Rules, 1959 , a copy of which the petitioners have filed as Annexure 4. The said election was held on the 6th June, 1971. It is specifically stated in the petition that the said alteration in the Gram Panchayat was done without any gazette notification having been made by the State of Bihar. 2. It is further stated therein that due to the sudden alteration a prejudice was caused to the petitioners. The petitioners have also stated in their petition that the villages Anio Patanpura, Jaitipur and Mahajani were villages in Saidanpur Gram Panchayat according to the Bihar Gazette Notification, dated the 23rd January, 1952. They further stated that by notification published in the Bihar Gazette on the 5th February, 1958 when Barawan Gram Panchayat was established there were ten villages, namely, Mir Haridchak, Mahmada, Kansari, Barawan, Sapa-hua, Mustafapur, Mundichak, Lahladpur, Palanki and Panchasa, according to which various elections of the said Gram Panchayat had taken place in the past. The three villages, Anio Patanpura, Jaitipur and Mahajani were taken out from Saidanpur Gram Panchayat and were purported to be included in Barawan Gram Panchayat by the authorities without any formal notification made by the State Government as mentioned above. 3. Although the petitioners have impleaded in their petition the persons who were elected in the said election as well as the Block Development Officer, Sub-divisional Magistrate and the District Magistrate, none has cared to file any counter affidavit controverting the facts stated by the petitioners. 4. Mr. Devi Prasad Sharma appearing on behalf of the opposite party No. 5, submitted before me that the election so held was in accordance with law and the petitioners could not have challenged the election under the writ jurisdiction. 4. Mr. Devi Prasad Sharma appearing on behalf of the opposite party No. 5, submitted before me that the election so held was in accordance with law and the petitioners could not have challenged the election under the writ jurisdiction. He further submits that in fact there had been no alteration in the jurisdiction of Barawan Gram Panchayat, and the village Jaitipur is a tola of Barawan, Mahajani is a tola of Saidpur and Anio Patanpura is not included in Barawan Gram Panchayat. In my opinion, the oral submissions made on behalf of the opposite party are of no avail. Whatever has been stated by the petitioners in their petition on affidavit, has got to be accepted in the absence of any counter affidavit on behalf of any of the opposite party controverting the facts stated in the petition. 5. A reference may be made to Sec.3 of the Bihar Panchayat Raj Act, 1947 (hereinafter referred to as the Act), the relevant portion of which reads as:- - "Establishment and constitution of a Gram Panchayat: (1) For every village or part of different villages, the Government may, by notification, establish a Gram Panchayat : Provided that the Government may, if it thinks fit, establish one Gram Panchayat for a group of contiguous villages or more than one Gram Panchayat in a big village consisting of several Tolas. (2) The Government shall specify the name and the local limits of the jurisdiction of Gram Panchayat in the notification mentioned in Sub-section (1). (3) The Government may, by notification in the Official Gazette, alter the local limits of the Surisdiction of any Gram Panchayat by including therein, or excluding therefrom, any village or part of a village and also alter the name of such Gram Panchayat: Provided that before making any alteration in the local limits of the jurisdiction of any Gram Panchayat, the Government shall, in the prescribed manner, ascertain the views of the people of the area affected by such alteration. (4) Upon the issue of a notification under Sub-section (3), the Gram Panchayat shall be deemed to have been established under Sub-section (1) with its local limits so altered." 6. (4) Upon the issue of a notification under Sub-section (3), the Gram Panchayat shall be deemed to have been established under Sub-section (1) with its local limits so altered." 6. In the case of Mathura Prasad Choudhary V/s. State of Bihar, 1966 BLJR 318, U. N. Sinha, J. (now Chief Justice) after surveying the various decisions of this Court observed that the non-compliance of the provisions contained under Sub-section (3) of Sec.3 of the Act invalidates the alteration of the area of the Gram Panchayat. 7. In that view of the matter the election, which was held on the 6th June, 1971 at Barawan Gram Panchayat cannot be sustained and it has got to be set aside. 8. In the result, the application is allowed and the election of Barawan Gram Panchayat which was held on the 6th June, 1971 is set aside. The authorities concerned are, therefore, directed to take fresh steps for holding election of the said Gram Panchayat in accordance with law. In the circumstances of the case, however, there will be no order as to costs.