( 1 ) THE short question raised by the petitioner in this writ petition under Article 226 of the constitution relates to the vires of Section 47 of the Madras District Municipalities Act, 1920 (Madras Act No. V of 1920) in so far as it lays down that a leper shall not be entitled to vote in an election to Municipal Council.

( 2 ) AT the Election held by the Mangalore Municipal Council in Mangalore Town, District South kanara on October 24, 1962 the petitioner and respondents 1 to 5 were candidates for Election from Ward No. 33, Jeppy (North ). It is a double member Constituency, one seat being reserved for a Harijan. The petitioner and respondents 1 and 2 are Harijans. The petitioner for the Harijan seat and respondent No. 3 for the General Seat secured the highest number of votes and the election Officer declared them to have been duly elected, on October 25, 1962. The first respondent filed an Election petition on October 31, 1962 before the election Commissioner and principal Civil Judge, Mangalore in O. P. No. 109 of 1962 for setting aside the election of the petitioner on the ground that more than 92 lepers had cast their votes in favour of the petitioner and that