Misra, J.-- 1. In invocation of the extraordinary and inherent jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has sought for declaration of sub-rule (2) of rule 19 of Madhya Pradesh Municipal Corporation (Election Petition) Rules, 1963 (hereinafter referred to as 'the Rules') as altra vires the Municipal Corporation Act, 1956 (for brevity 'the Act').

2. The requisite facts which are imperative to be stated for the appreciation of challenge by the petitioner are that the petitioner was elected as a Councilor of Ward No.35 of the Municipal Corporation Bhopal, and his election was notified on 7.12.2004 as per Annexure P-l. One Naffees Qureshi called his election in question under section 441 of the Act, before the learned II Additional District Judge, Bhopal in Case No. 5 A/2005 and the said Election Tribunal by order dated 2.7.2005 allowed the election petition as a consequence of which, the election of the petitioner was set at naught.

3. Being dissatisfied with and aggrieved by the aforesaid order the petitioner preferred Revision No. 437/05 under section 441-F of the Act on 8.7.2005. At the time of presentation of the Revision Petition