Reilly, J.

1. The petitioner who is the President of the Union Board of Tiruvallur, after examining under Rule 4 of the Revised Rules for the conduct of elections of Members of Taluk and Union Boards made by the Government under the Madras Local Boards Act, 1920, the nomination papers for an election to a seat on the Board rejected the nomination) one Kanniappa Chettiar on the ground that it was objected that he was a leper which is a disqualification under Section 55 of the Act, but postponed the election for 45 days to give Kanniappa Chettiar an opportunity of producing a certificate of witness from the District Surgeon. He put up a notice to that effect on the notice board of the Union Office and sent copies of the notice to the Presidents of the District and Taluk Boards for information. On this Kanniappa Chettiar complained to the Sub-Divisional Magistrate of Tiruvallur that the President by so doing had committed an offence of defamation punishable under Section 500, I.P.C. The Sub-Divisional Magistrate refused to take cognizance of the complaint on the ground that the President was a public servant acting in the discharge of his official duty and no sanction for the comp