Coutts-Trotter, C.J.

1. This is a Civil Revision Petition brought by Rao Bahadur Lakshmanan Chettiar against an order made by the Chief Judge of the Small Cause Court in the following circumstances. On the 17th August 1926, the petitioner was nominated as a candidate for election as a divisional Councilor for the 29th Division of the City. It is not in dispute that the nomination paper was regular on the face of it but it was said that the petitioner was disqualified for these reasons. For some time past he had been an Honorary Presidency Magistrate of the city. On the 11th of August he tendered his resignation having in mind no doubt Section 52 (1) (b) (iv) of the Madras City Municipal Act of 1919 which disqualifies a Presidency Magistrate which has been held to include an Honorary Magistrate for election as a Councilor. That resignation reached Government on the 14th of August, and Government passed a G. O. in the following terms:

The Governor-in-Council withdraws the powers of Honorary Presidency Magistrate for the City of Madras conferred on the under mentioned gentleman (i.e., the petitioner) who has resigned his appointment.

2. On the 20th of August an objection was put