JUDGMENT

1. This is a Reference to the High Court under Order XLVI of the CPC read with Section 23(e) of the. Municipalities Act, II of 1910. In Ward No. 4 of the Fatehgarh Municipal Elections five candidates were nominated for the Moslem Constituency. Three of them withdrew before the polling day. On that day two candidates were opposed to each other by name Omrao Khan and Abdul Hamid. There being only one seat the Poll was duly opened and voters commenced to record their votes in favour of one or the other candidate. At some time whilst the polling was open and continuing, Omrao Khan went to the Returning Officer and told him that he no longer desired to contest the seat. Thereupon the Returning Officer, thinking that that was the determination of Omrao Khan, closed the Poll and declared that the one remaining candidate Abdul Hamid was duly elected to the one vacancy. It is suggested in the petition that the withdrawal of Omrao Khan was due to some political manoeuvring: but, be that as it may, we can only deal with what were the facts relating to the procedure. The fact was that the. Poll opened with two candidates for one vacancy, and before the time came for the Poll to close a