1. - This order will dispose of two applications : (i) application dated April 11, 1984 under O. XXIII, Rule 1 and Section 151 Civil Procedure Code filed on behalf of the appellant and (ii) application dated April 17, 1984 under O. I, Rule 19 and section 151 Civil Procedure Code toad with Section 46 and 49 of the Rajasthan Municipalities Act (No. XXXVIII of 1959) (for short 'the Act' herein) filed on behalf of respondent No. 3 for transposing him as appellant.

2. An election petition under section 36 of the Act was filed by the appellant against the respondents. Respondent No. 1 is the elected member and respondents No. 2 to 4 are defeated candidate and resident No. 5 is Returning Officer Sojat Municipal Elections, which were held on February 19, 1982. After trial, the learned Munsif Sojat by his judgment dated October 23, 1982 dismissed the election petition and held that respondent No. 1 Pokar Ram is a properly elected member of Ward No. 16 of the Municipal Board, Sojat. An appeal was filed by the appellant under section 46 of the Act on November 26, 1982 questioning the correctness of the judgment dated October 29, 1982 of the Muttsif dismissing the election pection. On