( 1 ) THIS Rule was obtained by the petitioner, Ram Chandra Sha, against an order of a Subordinate Judge, Alipore, dismissing his suit for setting aside an election held in Ward No. 1 of the Kamarhati Municipality.

( 2 ) THE ground on which the election was. sought to be set aside was that the nomination paper filed by the petitioner was wrongly rejected". The defect in the nomination paper which was relied on by the learned Subordinate Judge in support of his judgment is that against the name of the candidate, the name of the proposer and the name of the seconder the word "mill" was used instead of word "male". In the Kamarhati Municipality there are only two rolls kept one for male voters and another for female voters. There is no roll kept in the Kamarhati Municipality of "mill" voters. The numbers in the electoral roll of the candidate, the proposer and the seconder were correctly given. It is obvious that the word "mill" was a clerical mistake for the word "male". There could be no doubt about the identity of the candidate, of the proposer and of the seconder. The ground therefore on which the learned Subordinate Judge upheld the rejection of the nomination paper can