( 1 ) THIS is a rule issued upon the respondents to show cause why a writ in the nature of mandamus should not issue directing the opposite parties Nos. 1, 2 and 3 from further proceeding with the erection camplained of in the petition, and/or directing the opposite parties Nos. 1 and 4 2 to hold a fresh election according to law or why such other or further directions and/or orders should not be issued or made as to this Court seems fit and proper. This is an unfortunate instance of a case where the petitioners have made out a case on the merits but have followed an entirely wrong procedure. The facts are shortly as follows : the petitioners are residents of Uttarpara in the district of Hooghly. They are ratepayers of the Uttarpara Municipality, The said Municipality was divided into four wards, each having two elected Commissioners. On or about 4-4-1952, an order was passed by the District Magistrate, Hooghly, fixing the General election of the Commissioners of the Uttarpara Municipality on 9-11- 1952. On 15-4-1952, the Chairman, Uttarpara Municipality published the same in conformity with Rule 2 (2) of the Election rules.

( 2 ) THEREAFTER the Electoral rolls were dul