Mahapatra, J.

1. An application under Articles 226 and 227 of the Constitution was filed by two Councillors and one tax-payer and voter of the Patna Municipal Corporation. On the 2nd April 1964, a meeting of the Councillors of the Corporation was convened at 5 O Clock in the evening in the Corporation Hall at Bankipur Circle to elect a Mayor and a Deputy Mayor for the year 1964-65. Opposite party No. 1, Sri Bindeshwari Prasad, presided over and conducted the business of that meeting. Opposite party 2 and 5 were nominated as candidates for the office of the Mayor and opposite party 3 and 4 for that of the Deputy Mayor, Fifty-two Councillors were present in that meeting and participated in the election. After the ballot papers were received from the Councillors, the Presiding Officer (opposite party No. 1) counted the ballot papers. He declared opposite party No. 2, Sri Rameshwar Prasad Golwara elected as Mayor receiving 26 votes as against the other candidate, opposite party No. 5, Dr. Damodar Prasad, who received 25 votes. One ballot paper purported to have been given in support of Dr. Damodar Prasad was rejected by the Presiding Officer on the ground that the mark given by