Ramaswami, J.

1. The question to be determined in this case is whether the Election Commissioner of Cham-paran acted in excess of his jurisdiction in entertaining the election petition filed by the opposite party, Dr. Shyamakant Verma, beyond the period of fourteen days from the date of the election as prescribed by Rule 5(1) of the rules framed by the Provincial Government under Sec.19, Bihar and Orissa Municipal Act, 1922.

2. The material facts are not controverted. In March 1952 there was an election of the commissioners of the Motihavi Muni finality at which the petitioner, the opposite party and twenty other persons were elected as commissioners. A notification publishing the names of the commissioners so elected was duly published in an issue of the Bihar Ga7ette dated 30-4-1952. On 20-8-1952, five more persons were nominated by the State Government as Municipal Commissioners of the Motihari Municipality. It is stated that on 8-9-1952, there was a meeting of the commissioners for electing a chairman. The petitioner and the opposite party each secured an equal number of votes, but the President gave his casting vote in favour of the petitioner who was declared duly ele