N.L.Untwalia, J.

1. The Additional District Judge, 3rd, Court at Chaibassa, acting as an Election Commissioner, has, by his order dated the 13th September, 1971, passed in Miscellaneous (Election Petition) Case No. 1 of 1968, set aside the election of the petitioner as a Commissioner of Seraikella Municipality at the instance of the opposite party. The latter has also been declared as duly elected by the same order. The petitioner has obtained a rule from this Court under Sec.115 of the Code of Civil Procedure against the opposite party to show cause why the order aforesaid be not set aside. Cause has been shown on his behalf.

2. A notification dated the 19th, July, 1967 was issued by the Deputy Commissioner of Singhbhum under Rule 7 of the Bihar Municipal Elections and Election. Petitions Rules, 1953, hereinafter called the Rules, notifying that the election of Commissioners in all the Wards of the Seraikella Municipality within the district of Singhbhum would be held on 19-9-67. A copy of this notification is Ext. J. According to the programme published, the petitioner as well as the opposite party filed their nomination papers to contest the election to the office of the