( 1. ) THIS is an application for the issue of a writ in the nature of certiorari. The circumstances in which the writ is sought for are as follows :-

( 2. ) THE petitioner Basantilal filed his nomination paper as a candidate for the election of Agar Municipality from Wards Nos. 4 and 8. During the scrutiny of the nomination papers, Narayan Das, non-applicant No. 2 took an objection that the petitioner had been previously disqualified under Section 14 (1) (g) of the Madhya bharat Municipalities Act. A similar objection was taken by Bhuramal, non applicant No. 3 The objections against his nomination papers were disallowed by the Returning Officer, Aggrieved by the order, non-applicants Nos. 2 and 3 filed an appeal under Section 34 of the Nir-wachan Padadhikari, namely, the Collector of shajapur. He allowed the appeal and, rejected the nomination papers of the petitioner on the ground that the petitioner had incurred disqualification under Section 14 (1) (g) of the Madhya Bharat Municipalities Act, and that under Rule 126 of the Nirvachan rules that disqualification was not removed by the Government. The present petition is filed against the order of the Collector.

( 3. ) THERE are two questions to be consider ed in this petition: First, what is the nature of a disqualification incurred by the petitioner under Section 14 (1) (g) of the M. B. Municipalities Act of 1954? Second, whether it was necessary for the petitioner to obtain a certificate under Rule 126 of the Niryachan Rules.

( 4. ) ACCORDING to Section 14 (3) of the Munich palities Act of 1954, the power to decide whether a vacancy has occurred in a Municipal Council, is invested in two persona. It the Municipality is a City Municipality, then it is the Government which is competent to declare the vacancy. In the case of a Municipality other than the city Municipality, it is the In-spector General of Municipalities who passes such an order. In the present case, the Municipality of Agar is not a City Municipality and it is an order of the Inspector General of Municipalities, with which we are concerned.

( 5. ) IN an order dated 20-1-56, the Inspector General Municipalities held that the petitioner was not qualified to remain a Councillor because of his disqualifications under Section 14 (l) (g) of the Madhya-Bharat Municipalities Act. The order is embodied in Annexure a of the petition and runs as follows:-(The text of the order given in the regional language is omitted.)

( 6. ) A perusal of Section 14 (l) (g) would show that a person is disqualified under section 14 (l) (g) of the Madhya Bharat Municipalities Act "when he is directly or indirectly by himself or his partner, any share or interest any work being done by the order of a Municipality or in any contract or employment with or under, or by or on behalf of, a Municipality. "

( 7. ) FROM the order of the Inspector General of Municipalities, it appears that the petitioner was removed bacause he had a Kharanja constructed against the estimate and sanction of the Municipality. Without expressing any opinion as to whether such an act falls within the ambit of Section 14 (1) (g) of the Act, the fact of the matter is that the Inspector General thought the petitioner had incurred disqualification under Section 14 (1) (g) of the Act and declared his seat vacant. It is obvious that a disqualification incurred under Section 14 (1) (g) would continue to be in force for a period during which a person may continue to have a pecuniary interest in any work done by the order of the Municipality. This disqualification will not be for all times. In these circumstances it is necessary to know whether at the time of the filing of his nomination papers, the petitioner had any subsisting interest in any work done by the order of the Municipality or not. In para 8 (d) of the petition, the petitioner has denied having any subsisting interest. This fact has not been denied in the return filed by the Collector. What the Collector has sa