G. N. DAS, J. :- This rule was obtained by the defendants against the decision of Mr. Subodh Chandra Mukherjee, learned Subordinate Judge, 1st Additional Court, Alipur, District 24 Parganas; whereby be decreed the suit; filed by the plaintiff for setting aside the election of ward No. V of Naihati Municipality.

2. The relevant facts are that Basudeo Paul Opposite Party No. 1 filed his nomination paper as a candidate from ward V for the impending election of the Naihati Municipality. The nomination paper was rejected by the Chairman of the Municipality; an appeal to the District Magistrate was dismissed. The election then took place and petitioner No. 1 was declared elected from the general seat in Ward V and Petitioner No. 2 was declared elected from the reserved seat. Toe opposite party No. 1 then brought the present suit being Title Suit No. 33 of 1946 in the Court of the District Judge, Alipur for a declaration that the rejection of his nomination paper by the Election Authorities of the Naihati Municipality is illegal and ultra vires and that the result of the election has been materially affected thereby and that the said election is fit to be set aside.

3. The suit was