This is an application under Article 226 of the Constitution to quash the decision of the Election Commissioner in O.P.No.32 of 1952. The facts are not in dispute. On 16th September, 1952, elections were held for the Municipal Council, Nandyal. The petitioner and the first respondent herein and two other candidates contested the seat for Ward No.12. The petitioner got 280 votes, the first respondent 240 votes and the other two candidates far less and accordingly, the petitioner was duly declared elected. Thereupon, the first respondent, filed O.P.No.32 of 1952 before the Subordinate Judge of Kurnool who is the Election Commissioner under the Act for setting aside the election on various grounds. We are concerned in this petition with only one of them, that the Polling-officer entered on the ballot-papers the names of the electors and their serial number in the electoral list. Rule 27-A(1)(a) of the Election Rules is as follows:

“A ballot-paper shall be rejected if it bears any mark by which the elector can be identified.”

The contention of the first respondent, before the Election Commissioner was that in marking the ballot-papers with the names and the serial number of the el