Per Dave, J.—This is an application by one Ismail, resident of Sojat City, under Art. 226 of the Constitution of India and arises under the following circumstances I

2. In connection with the municipal elections for the town of Sojat, the Collector Pali, who is non-petitioner No.2, appointed the Sub-Divisional Officer, Sojat, non-petitioner No. 3, as a returning officer for the elections. Non-petitioner No. 3 thereupon invited nomination papers to be filed by the 25th of July, 1956. The petitioner submitted his nomination paper to non-petitioner No. 3 for his election as a member of Sojat Municipal Board from ward No. 10. The only other person who submitted his nomination paper from the same ward was non petitioner No. 4, Narain. On the 24th July, 1956, the returning officer scrutinized the nomination papers and rejected the nomination papers of the petitioner as also of non-petitioner No. 4. The petitioners nomination paper was rejected on the ground that he did not fulfil the qualification as provided in Rule 13 of the Rajasthan Town Municipal Election Rules, 1951 (which will hereinafter be referred to as the Rules), because it was found by the returning officer that the petitione

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