Cornish, J.

1. The petitioner, the successful condidate at a District Board Election, prays that a writ of certiorari may issue to bring up and quash the order of the election Commissioner declaring his election void and ordering a fresh election. The result of the poll was that the petitioner had been returned by a majority of 114, having polled 1206 votes to the 1092 votes for his opponents, the first respondent. An election petition was brought by the first respondent alleging certain irregularities in the conduct of the polling officer in one of the polling booths. What had happened here was that the Polling Officer by a mistake had marked on the back of each ballot paper the number of the voter in the Electoral register. This number, according to Rule 16, is only to be marked on the counter-foil when the ballot-paper or counter foil is handed to the voter. The result was that 322 ballot papers so marked and put into the ballot-box in this polling booth were invalidated and rejected by the Election Officer. Two of these ballot papers were apparently invalid ort other grounds.

2. Rule 10(c) of the Local Boards Act rules governing disputed elections provides:

If in the opinion