( 1 ) THIS is a petition under Arts. 226 and 227 of the Constitution for quashing an order of the Munsiff at Savanur in an election petition under S. 13 of the Mysore Village Panchayats and Local Boards Act, 1959, (hereinafter referred to as the Act ). ( 2 ) IN the election of the members of the Village Parichayat of Jekinkatti held in the year 1968, the petitioner and respondent 3 herein were declared as elected from Ward No. 2 of that Panchayat. The election of the petitioner was challenged by respondents 1 and 2 herein by a petition under S. 13 (1) of the Act before the Munsiff on the ground that he was disqualified for being chosen as a member of the Panchayat as he was in arrears of tax both on the date when he presented his nomination paper and on the date he was declared as duly elected. ( 3 ) AFTER recording the evidence, the learned Munsiff held that the petitioner herein was in arrears of tax on the date when he filed his nominaion paper as well as on the date on which he was declared as elected, and that hence was disqualified under Clause (ii) of sub-sec. (2) of S. 11 of the Act for being chosen as, and for being, a member of the Panchayat. In that view, the learned Munsiff set aside the election of the petitioner. therein and declared respondent 1 herein as being duly elected as member of the Panchayat. . ( 4 ) SUB-SEC. (1) of Sec. 11 of the Act enumerates several disqualifications for being chosen as, and for being, a member of a Panchayat. The relevant part of that sub-section reads :" 11 (1) A person shall be disqualified for being chosen as, and for being a member of a Panchayat, (a ). . . . . . . . . . . . . (m) if he has ceased to be a member by his seat becoming vacant under clause (ii) of sub-sec. (2), as long as the amount of tax or the fee due to the Panchayat is not paid : the relevant part of sub-sec. (2) of Section 11 reads : " (2) If a member of a Panchayat- (i ). . . . . . . . . . . . . (2), as long as the amount of tax or the fee due to the Panchayat is not paid : the relevant part of sub-sec. (2) of Section 11 reads : " (2) If a member of a Panchayat- (i ). . . . . . . . . . . . . (ii) fails to pay any tax or fee due to the panchayat within three months from the date on or before which the amount of such tax or fee is required to be paid in the bill presented to the person under sub-section (1) of Section 77; or (iii ). . . . . . . . . . . . . (iv ). . . . . . . . . . . . . his seat shall thereupon become vacant : "the relevant part of sub-section (3) of Section 11 reads :"11 (3) If any question arises whether a vacancy has occurred under sub-sec. (2), the question shall be referred to the Deputy commissioner, and the Deputy Commissioner shall, after giving an opportunity to the member concerned to be heard, decide the question. " ( 5 ) IN the election petition it was not the case of respondents 1 and 2 herein that the petitioner herein was a member of the panchayat prior to the election in 1968, that his seat became vacant under sub-sec (2) of s. 11 on account of his failure to pay any tax and that the Deputy Commissioner had decided under sub-sec. (3) of Sec. 11 that a vacancy had occurred on account of such default. Hence, the petitioner could not be regarded as being disqualified under Clause (m) of sub-sec. (1) of S. 11. The learned Munsiff has overlooked the distinction between the grounds of disqualification, under sub-sec, (i) and those under sub-sec. (2) of Section 11. What sub-sec. (1) refers to, are the grounds of initial disqualification for being chosen as, or for being, a member of the Panchayat, while sub-sec. (2) refers to the grounds on which a person who has already become a member of the panchayat, may incur disqualification. The finding of the learned Munsiff that the petitioner herein had incurred any initial disqualification for being chosen as member of the panchayat, is clearly unsustainable. ( 6 ) IN the result, I allow this petition and quash the order of the learned Munsiff dt. The finding of the learned Munsiff that the petitioner herein had incurred any initial disqualification for being chosen as member of the panchayat, is clearly unsustainable. ( 6 ) IN the result, I allow this petition and quash the order of the learned Munsiff dt. 4-3-1970 in Miscellaneous Election Petition 15 of 1968. ( 7 ) IN the circumstances of the case, there will be no order as to costs. --- *** --- .