( 1 ) THE facts in this case are as follows: The petitioner is a resident of Baranagore, which is within the Jurisdiction of the Baranagore Municipality. For the purposes of the General election of the said municipality, fixed on 11-3-56, the final electoral Roll of the said Baranagore municipality was published under the Election Rules made under the Bengal Municipal Act, 1932 and the petitioner's name appears as a male voter in Ward No. 3. The Respondent No. 3, Amar Mazumdar is also a recorded voter in the same Ward. For the purposes of the said election, both the petitioner and the Respondent No. 3 filed their respective nomination papers with the Respondent No. 2, who is the Chairman of the Municipality. The nomination and registration of candidates standing in an election held under the Bengal Municipal Act, 1932, are governed by a set of rules framed by the Government of Bengal, under powers conferred by Section 44 of the said Act. Rule 17 lays down that not less than 45 days before the election day the Commissioners shall fix for the nomination of candidates, a date which shall not be less than 35 days before the election day. On or before the date of nomination,