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 the six contesting candidates, Chaman Lal, Ram Swaroop and Lal Singh were scheduled caste candidates, who contested for the reserved seat while the remaining three, namely, the petitioner, Jitendra Singh and Balbir Singh contested for the general seat. The poll took place on 30th May, 1971 and the counting of votes was done on 31st May, 1971. After the counting, the contesting candidates were found to have received votes in the following manner :-

1. Chaman Lal, Scheduled caste...986

2. Shiam Lal .. 929

3. Jitendra Singh ..761

4. Ram Swarup Scheduled caste .. 593

5. Balbir Singh .. 138

6. Lal Singh .. 6

The Assistant Returning Officer, respondent No. 6, declared Chaman Lal and Ram Swarup both belonging to scheduled caste, elected to the membership of the Board. After Form 17 prescribed under the U.P. Municipalities (Conduct of Election of Members) Order, 1964 was prepared and the result was declared the petitioner Sham Lal raised an objection before the Assistant Returning Officer that he had made a mistake in declaring the result of the general seat first and then declaring the result of the reserved seat. He claimed declaration in his favour on the basis of the highest number of votes polled by him amongst the contesting candidates for the general seat. The Assistant Returning Officer adjourned the hearing for 1st June, 1971. On that date he heard arguments and then passed the impugned order rejecting the petitioner's objection. The Assistant Returning Officer thereupon prepared proforma VIII prescribed under the said Order and reported the result of the election to the State Government, consequently the impugned notification was issued by the State Government notifying the election of respondent Nos. 1 and 2 from Ward No. 6 of the Board. The petitioner has challenged the validity of election of Ram Swarup, a scheduled caste candidate to the seat reserved for the general candidates.

3. Elections for the membership to the Municipal Board are held in accordance to the provisions contained in the U.P. Municipalities Act, 1916. Sec. 13-G of the U.P. Municipalities Act, 1916 (hereinafter referred to as the Act) , empowered the State Government to make provisions by means of orders with respect to the matters relating to the conduct of elections, including the scrutiny and account of votes, recounts of votes and the procedure to be followed in the case of equality of votes and declaration of results. In exercise of the powers under Sec. 13-G of the Act. State Government has framed the U.P. Municipalities (Conduct of Election of Members) Order, 1964, making detailed provisions for the conduct of the elections of members to the Municipal Boards. The provisions contained in the said Order have statutory force, Part VII of the Order contains provisions for counti