( 1 ) THE six petitioners are elected members of the Bellary Municipal council. Petitioners 1, 2 and 5 were contestants for election to the position of both the President and the Vice-President of the Council. Respondents 3 to 8 are also elected members of the same Municipal Council. Out of them, respondents 3, 4 and 5 were contestants for the President's position and respondents 7 and 8 for that of the Vice-President.

( 2 ) UNDER the calendar of events issued by the Election Officer dated 14/8/1970, the election was scheduled to be held on 29/8/1970. The writ petition was filed on 26/8/1970 praying for the issue of a writ in the nature of prohibition prohibiting respondent 2, the Election Officer from proceeding with the election. When the writ petition was taken up for preliminary orders on 27th August, the contesting respondents took notice through counsel, and the following interim order was passed on the 28th:"the election proposed to be held on 29/8/1970 will proceed. But the result of the election shall not be published pending disposal of this writ petition. It shall abide the final orders in this WP. . . . . . . . . "

( 3 ) ON the 29th September 1970, the petitioners filed I. A. No. 1 for permission to add another prayer, namely, that Rule 7 (1) of the Mysore municipalities (President and Vice-President) Election Rules, be struck down

( 4 ) NOW that the election or voting has already been completed and rule 15 of the above Election Rules provides for a remedy by way of election petition to the District Judge having jurisdiction, nothing more need be done in this case than to dismiss the writ petition but for the fact that under I. A. 1 the petitioners have sought declaration of invalidity of one of the Election Rules, the adjudication of which question is not within the competence of the Election Tribunal, the District Judge.

( 5 ) WE propose, therefore, to examine the second prayer.

( 6 ) FOR appreciating the argument in support of this prayer, it is necessary to refer to Rules 3, 7 and 9 of the Election Rules.

( 7 ) UNDER the third rule, the Election Officer is required to publish a notice in a prescribed form appointing certain dates for the election. Those dates are set out in clauses (a), (b) and (c) of sub-rule (1) thereof, which read as follows:" (a) the last date for making nominations which will be a date not later than the eighth day after the date of publication of the notice; (b) a date for the scrutiny of nominations which shall be a date not later than the third day after the last date for making nominations; (c) the date on which the votes of the Councillors shall, if necessary, be taken which shall be a date not earlier than the seventh day after the last date for making nominations. "

( 8 ) UNDER sub-rule (1) of the seventh rule 'any candidate may withdraw his candidature by a notice in writing in Form 3 subscribed by him and delivered before 3 O'clock in the afternoon on the date immediately preceding the date fixed under clause (c) of sub-rule (1) of Rule 3 to the election Officer or the authorised officer either by such candidate in person or by his proposer or seconder who has been authorised in this behalf in writing by such candidate'.

( 9 ) THE ninth rule dealing with meeting for recording votes requires that a notice of the date, hour and place of the meeting shall be sent to every member of the Council by registered post not less than five days before the date of meeting and that a copy of the notice shall also be affixed on the notice board of the office of the Election Officer and the notice board of the Municipal Office.

( 10 ) IT is pointed out that an election in the sense voting would become necessary only if there happens to be a contest and that whether there is going to be a contest or not cannot be decided until the time fixed for withdrawal of nomination has expired. Under sub-rule (1) of rule 7 the said time is 3 O'clock in the afternoon of the date immediately preceding the date fix

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