1. Heard learned counsel for the petitioner, learned counsel for the State and learned Senior Counsel for the State Election Commission.

2. The petitioner seeks quashing of the order contained in letter No. 3369 dated 10.12.2009 issued under the signature of the Secretary, State Election Commission, Bihar, Patna, by which a direction has been issued to the District Magistrate-cum- District Returning Officer (Municipality), Purnea to get the election conducted for the post of the Chief Councillor, Nagar Panchayat, Kasba, Purnea on 29.12.2009 in accordance with the provisions laid down under Rules 93 to 97 of the Bihar Municipal Election Rules, 2007 and further for quashing the consequential letter dated 17.12.2009 issued by the Returning Officer, Municipal Council, Purnea and addressed to the petitioner requesting therein to participate in the meeting of the Councillors scheduled to be held at 11 A.M. on 29.12.2009.

3. Learned counsel for the petitioner submits that under Rule 93 of the Bihar Municipal Election Rules, 2007, it is the District Magistrate or any other officer not below the rank of the Deputy Collector authorized by him in this behalf who shall be called the R