Judgement LODHA, C. J. :- By this petition under Article 226 of the Constitution of India the petitioner has challenged the correctness of the order dated 28th August, 1978, passed by the Sub-Divisional Magistrate, Kailashahar Division, holding that the nomination of the respondent No. 4 for the office of pradhan of Jalai Gaon Sabha has been wrongly rejected and in this view of the matter he set aside the election of the petitioner and directed fresh election. 2. Two points have been urged in support of the petition - (1) that the Sub-Divisional Magistrate, Kailashahar had no jurisdiction to entertain and decide the election petition under Section 12(c) of the U.P. Panchayat Raj Act, 1947. It is argued that under Rule 24 of the Rules framed under the U.P. Panchayat Raj Act, 1947, which has been made applicable to the State of Tripura, a Sub-Divisional Officer alone is competent to entertain and decide an election petition. It may be pointed out that no such objection was taken before the Tribunal but we allowed the learned counsel for the petitioner to argue the point in case he was able to make out that there was an inherent lack of jurisdiction. However, in our opinion, he failed to do so. It is conceded that Shri S.K. Nanda who decided the election petition as Sub-Divisional Magistrate was also the Sub-Divisional Officer. It is thus clear that Shri S.K. Nanda was performing the functions of Sub-Divisional Magistrate as well as Sub-Divisional Officer and therefore merely the description of the officer as Sub-Divisional Magistrate would not vitiate the impugned order. (2) The other point argued by the learned counsel is that the respondent No. 4 had been proposed by the proposer for Jalai Gaon Sabha, whereas he had described himself Vati Jalai as his Constituency. The learned Tribunal has come to the conclusion that Vati Jalai is a part and parcel of Jalai village and it is only a portion of the village Jalai. This question is a pure question of fact and the Election Tribunal has found that the Gaon Sabha is the same, namely, Jalai and has further found that there is no inconsistency or contradiction regarding the Constituency and the Gaon Sabha. 3. No just exception can be taken to this finding. 4. The result is that we find no force in this application and reject it summarily. Application dismissed.