Judgement

BHAGWATI, J. : This is an appeal with special leave from the judgement of the Judicial Commissioner, Ajmer, restraining the District Magistrate, Ajmer, from holding the elections and poll to the Ajmer Municipal Committee on September 9,1955.

2. The respondent claimed to be a voter of the Ajmer Municipality. By an order dated March 12, 1953, the Ajmer Municipal Committee had been suspended and that suspension was to continue till September 11, 1955. In view of the impending elections after the period of suspension was over, the Chief Commissioner, Ajmer, the appellant before us, framed the Ajmer State Municipalities Election Rules, 1955, in exercise of the powers conferred by S. 43 of the Ajmer- Merwara Municipalities Regulation 1925 (VI of 1925) and published them in the Government Gazette dated August 4, 1955. On August 8, 1955, he notified an election programme and also authenticated and published an electoral roll. This electoral roll had been corrected and altered by the orders of the Sub-Divisional Officer on certain days prior to August 8, 1955, but the respondent s name was alleged to have been incorrectly described therein, his father s name having been mentioned a