Kulwant Singh Tiwana, J.

1. This writ petition has been filed by Gurbax Singh against notification No. 6 (III) B-USLG (3)/257 (Spl.) dated 9th of November, 1979 of the Punjab Government (Annexure P. 11 to the petition) by which on the basis of the report of the Election Commissioner and the opinion of the Civil Court, his election as a President of Municipal Committee, Jaitu was set aside.

2. The facts of the case leading to this petition are that the Municipal Committee, Jaitu, has 16 members, out of whom 12 are elected and 4 are co- opted. The election to the office of the President of Municipal Committee was held on 22nd of December, 1977 by the Sub-Divisional Magistrate, Faridkot, as the convener and in this meeting all the 16 members were present. The petitioner and Shri Surinder Kumar Mittal, respondent No. 3, were the only two candidates proposed for the office of the President and they contested the election. Before the voting, one ballot paper bearing the signature of the Deputy Commissioner, Faridkot, was given to each individual member. The convener gave directions to the members present that they were to affix a cross mark against the name of the candidates out