Khanwilkar, C. J. : -- 1. By this petition, the petitioner has challenged nomination of respondents No.3 to 8 as Alderman in Municipal Corporation, Sagar. This petition has been filed as Public Interest Litigation by a resident of Krishnagunj Ward, Sagar.

2. Preliminary objection regarding the maintainability of this petition has been raised by respondents No.3 to 8. According to the said respondents nomination of respondents No.3 to 8 made in exercise of powers under section 9(1)(c) by the State Government could be challenged only by way of election petition, as prescribed by section 441of the M.P. Municipal Corporation Act, 1956. Indeed, this preliminary objection is loosely worded. The objection can only be to persuade the Court to decline to exercise discretionary jurisdiction. The remedy of Article 226 cannot be circumscribed by any statutory provision. Nevertheless, we would examine the purport of section 441 of the M.P. Municipal Corporation Act, 1956. The same reads thus :-

“441. Election Petitions. - (1) No election or nomination under this Act shall be called into question except by a petition presented in accordance with the provisions of this section.

(2) Such pet