Dixit, C.J.

1. The two petitioners in this case challenge the validity of the election of the respondent No. 4, Sarwan, as President of the Municipal Council, Betul Bazar. The first petitioner, Govind Rao, claims to be a duly qualified voter of the Municipal Council. The other petitioner, Jai Krishna, is a Councilor who unsuccessfully contested election for the office of the President.

2. The election was held on 27th June 1966 at a meeting of the Council convened by the Sub-Divisional Officer, Betul, acting under rules 2 (d) (ii) and 3 of the Madhya Pradesh Municipalities (President and Vice-Presidents) Election Rules, 1962 (hereinafter referred to as the Rules). The Betul Bazar Municipal Council is a Class-IV Municipality under the Madhya Pradesh Municipalities Act, 1961, (hereinafter called the Act). According to rule 2 (d) (ii), in the case of first meeting of a Council for Class-III or Class-IV Municipalities called under section 55 (2) the 'Presiding Authority' means the Sub-Divisional Officer. Rule 3 is a follows:-

"3. (1) The election of the President, Senior Vice-President, and Junior Vice-President shall take place at such time and place as may be fixed by the presiding