Walter Salis Schwabe, K.C., C.J.

1. This is an application for the revision of the decision of the District Judge acting under the powers conferred upon him by the rules framed under the Madras Local Boards Act of 1920. By the Rule 1 of the rules issued by the Local Government under the powers conferred on them by Section 199 (2) (c), "No election of a Member or of a President of a District, Taluq, or Union Board shall be called in question except by an election petition presented in accordance with these rules, to the District or Subordinate Judge having jurisdiction. " A preliminary point is taken that this Court has no power of revision, under Section 115 of the Code of Civil Procedure over the decision of a District or Subordinate Judge when acting under that rule. That depends on whether the Judges therein referred to are acting as Courts, or acting merely as persona designata, that is to say, persons selected to act in the matter in their private capacity and not in their capacity as Judges. There has been considerable conflict of opinion on this point since the coming into force of this Act, and 1 do not think that the decisions that have been given on the matter are