N.H.BHAGWATI, J.

(1) THE Appellant who is a legal practitioner residing within the limits of the Kendrapara Municipality and practising as a mukhtar in the criminal and the revenue courts there filed his nomination paper for election as a councilor of the Municipality on the 15/03/1951. That nomination paper was rejected by the Election Officer on the 25/03/1951 on the ground that he was employed as a legal practitioner against the Municipality in a case u/s 198 of the Bihar and orissa Municipal Act which was pending in the S. D. Ms court, The Appellant then filed on the 4/04/1951 a petition before the High court of orissa under Article 226 of the Constitution praying that a writ or order of prohibition be issued to the State government and the Election Officer restraining them from holding the election to the Kendrapara Municipality under the orissa Municipal Act, 1950 or the Municipal Election Rules, 1950. This petition was rejected by the High court but the High court granted the Appellant a certificate under Article 132(1) of the Constitution for leave to appeal to this court.

(2) THE orissa Municipal Act, 1950 (orissa Act 23 of 1950) was passed by the local Legis