JUDGMENT

K.N. Singh, J. - This is a petition under Article 226 of the Constitution directed against declaration of the result of election to the membership of Roorkee Municipal Board, district Saharanpur from Ward No. 6 and the notification issued by the Government notifying the election of Ram Swaroop and Chaman Lal, opposite parties Nos. 1 and 2 as the duly elected members of the said Board. The petitioner has prayed for the issue of a writ of certiorari quashing the declaration of the result by the Returning Officer and his order dated 1st June, 1971 and also the notification of the State Government dated 7th June, 1971. A writ of mandamus has also been claimed directing respondent No. 6 Returning Officer, to declare the petitioner a duly elected member of Municipal Board, Roorkee.

2. General Election for constituting Municipal Board, Roorkee in the district of Saharanpur was held in May, 1971 in accordance with the provisions contained in the U.P. Municipalities Act and the Rules framed thereunder. There were six contesting candidates from Ward No. 6 which was a double member constituency, one seat reserved to scheduled caste candidates while the other was a general seat. Out of