R.K.Choudhary, J.

1. These two writ applications under Article 226 of the Constitution of India arise out of the election of commissioners of the Rosera Municipality in the district of Darbhanga. M. J. C. 591 of 1956 is by one Raghuni Nayak who states that he intended to stand as a candidate for being elected a commissioner of the above Municipality, but was debarred from doing so as his name did not appear in the electors list. M. J. C. 898 of 1956 is by three defeated candidates, namely, Hansi Lal Sahani, Lakhan Nayak and Lakshmi Thakur. By these two petitions the petitioners pray for issue of an appropriate writ setting aside the election of the commissioners of the above Municipality, restraining the returned candidates, namely, opposite party Nos. 3 to 15, from functioning as commissioners of the said Municipality and directing the District Magistrate of Darbhanga for holding a fresh election in accordance with law.

2. The short facts are these : On the 11th of April, 1956, a notice by the District Magistrate of Darbhanga, opposite party No, 1, being No. 4303R dated the 29th March, 1956, was published in the Bihar Gazette fixing the 24th of July, 1956, as the last date