( 1 ) THIS Rule was taken out by the petitioner in connection with the ensuing Municipal election of the Bally Municipality, or to be more specific, of Ward No. III of that Municipality.

( 2 ) THE election is being held under the Bengal Municipal Act, hereinafter referred to also, in some places, as, simply, the Act. The petitioner who has been registered as Voter No. 1012 of the said Bally Municipality, Ward No. III, in the finally published Electoral Roll, filed his nomination paper duly with the Chairman of the Municipality as required by law (Vide Rule 17 (1) of the Election Rules, made under Section 44 of the Bengal Municipal Act, hereinafter referred to as the Election Rules ). The date of the general election of the Municipality was fixed by an appropriate notification under Rule 2 (Vide Sub-rules (1) and (2)) of the above Election Rules and it is due to be held on February 14, 1960. On December 28, 1959, the last date for the filing of nomination papers was fixed (vide Rule 17 (1)) as January 7, 1960. The petitioner's nomination paper was duly filed within the said fixed date. On January 14, 1960, which was the date of scrutiny (Vide Rule 17 (3)), the