( 1 ) THIS is a petition under Art. 226 of the Constitution. The facts are these : the petitioner and respondents Nos. I to 9 were candidates for the office of President of the municipal Board of Sitapur at an election to be held on the 26th October, 1953. They filed their nomination papers on the preceding 5th October. Objection was then taken by the ninth respondent to the nomination of the first respondent on the ground that the latter had not attained the age of thirty years, the qualifying age for election for residents under Section 43 (4) of the municipalities Act, 3916. The Returning Officer thereupon held a summary enquiry under the Uttar Pradesh Municipalities (Conduct of Election, of Presidents) Rules 1953, and on the 7th October he rejected the nomination paper of the first respondent. Thereafter respondents Nos. 4 to 9 withdrew their candidatures. The election was accordingly fought between the petitioner and second and third respondents, the petitioner being declared elected.

( 2 ) ON the 12th December, 1953, the first respondent filed an election petition on the ground that his nomination had been improperly rejected. The Election Tribunal recorded evide