Curgenven, J.

1. The facts necessary for the disposal of this civil miscellaneous appeal are briefly these. There was a vacant seat upon the Tindivanam Taluk Board, and three candidates offered themselves for the election, the plaintiff, defendant 2, and one Narayanaswami Pillai. On the day fixed for the scrutiny of nomination papers, the President of the Taluk Board (defendant 1), it is said upon an objection made to them by defendant 2, rejected the nomination paper of the plaintiff on the ground that he was an Honorary Magistrate and so disqualified for the election under Section 55 (2)(iv), Madras Local Boards Act, 1920. Later, another of the candidates, Narayanaswami Pillai, withdrew. There was thus left only defendant 2, as a candidate for the seat, and in accordance with the terms of Rule 7 (1) of the rules for the conduct of elections, framed under the Act, he was deemed to be elected. The plaintiff, after endeavouring to obtain redress in some other ways, then filed a suit in the District Munsifs Court against the President and the successful candidate for a declaration that he was a duly nominated candidate for setting aside the election of defendant 2, and for cer