Chainani, C.J.

1. The facts giving rise to this petition are briefly these. The general elections for electing councillors of the Poona Municipal Corporation are to be held on 23rd September 1962. The last date for filing nomination papers was 3ist August 1962, 5th September 1962 was fixed as the date for scrutiny of nomination papers. The petitioner and opponent No. 2 had filed nomination papers from Ward No. 4. Opponent No. 2 submitted three nomination papers Nos. 32, 33 and 34. These nomination papers did not bear his signature. An objection was, therefore, raised that as opponent No. 2 had not signed the nomination papers, as required by Clause (c) in Sub-rule (2) of Rule 9 of the Election Rules contained in the Schedule Jo the Bombay Provincial Municipal Corporations Act, the nomination papers were invalid. The Municipal Commissioner, who is the Returning Officer, heard all the parties and thereafter overruled the objection. In his opinion two points arose for consideration:

(1) Whether willingness of the candidate to accept the nomination must be signified by his signature only and in no other manner.

(2) If signature is not obligatory and a candidate may express his wil