P.S.SAHAY, J.

1. By this writ application the petitioners have challenged the entire election of the Municipal Commissioners of Arrah Municipality held on 23.11.1978 in which respondents 8 to 41 were elected or co-opted as members of the aforesaid Municipality held under the Bihar and Orissa Municipal Act (hereinafter referred to as the Act).

2. In order to appreciate the points raised in the application it will be necessary to state some facts. The term of office of the Municipal Commissioners expired on 29.07.1978 and government thereafter decided to hold a fresh election of Arrah Municipality. On 1.08.1978, a notification was issued by the District Magistrate, Bhojpur, respondent No. 3, for holding general election before 6.10.1978 a copy of the aforesaid notification has been filed and marked as Annexure-1. Election programme was also published and the date for final publication of the electoral roll was 7-8-1978 and 21-8-1978 was fixed for filing claims and objections and the date for polling was fixed for 4.10.1978.

On 29-8-1978, which was the date for publication of corrected electoral roll, the District Magistrate, respondent No. 3 exercising power under Rule 7 (2)