Bachawat, J. - (1.) This is a petition under Article 227 of the Constitution arising out of an election petition. The dispute relates to the Municipal election of Ward Not 3 of Garulia Municipality. Ward No. 3 is a plural general constituency consisting of two seats. There were three candidates for the election. All the three candidates are opposite parties to the election petition. Badri Narayan Bidyarthi, opposite party No. 2 to the election petition secured 147 votes, Hakim Soban Ali, opposite party No. 1 secured 123 votes, Md. Salim, opposite party No. 3 secured 109 votes. The election of Hakim Soban Ali was challenged in the election petition, The; learned Judge has set aside his election.
(2.) In my opinion Hakim Soban Ali was disqualified u|s 22(1) (g) of the Bengal Municipal Act and as such was not eligible for election and, therefore, his election was rightly set aside.
(3.) Hakim Soban Ali is the owner of holding No. 160 in Ward No. 3 of Garulia Municipality. Municipal rates for the first quarter of 1954-55 of this holding fell due on the 4th April, 1954. On the 8th June, 1954, Hakim Soban Ali purchased this holding. On his application on the 25th June, 1954 his name was mutated on the 27th June, 1954, and he was informed of the mutation on the 13th July, 1954. The Municipal rates for the holding No. 160 for the 2nd quarter, 1954-55 fell due on the 1st July, 1954. Nomination papers were submitted on or about the 26th October, 1954 which was the last date for filing nomination. The rates were paid by Hakim Soban Ali on the 6th of November, 1954. The election was held on the 5th of December, 1954 and on the same date the result of the election was declared and Badri Narayan and Hakim Soban Ali were declared to have been duly elected.;