It is further canvassed by the learned counsel that the State Legislature has formulated the Municipal Corporation Election Conduct Rules in exercise of powers under Section 26 of the Act and in accordance with the said Rules, Form No.2 prescribe the form of nomination, which is required to be flled by the candidate, on-line, but according to him, it do not prescribe any format of affdavit to be fled alongwith it for disclosure of the details, which are complained of while calling the election of the candidate in question. The gist of the submission advanced is, in absence of any statutory provision where fling of such affdavit alongwith nomination can be construed to be mandatory with an effect, that on furnishing incorrect information, the election of a candidate is liable to be set aside. The submission is, that the learned Judge rejected the application, wherein he pleaded that there is no cause of action for petitioner to fle the Election Petition perfunctorily, without adverting the provisions of the enactment, which govern the election to the Municipal Corporation and the procedure prescribed therein, particularly when there is no amendment by the State Legislature in the Act, which make it mandatory for the candidate to fle an affdavit with the nomination paper prescribed under the Municipal Corporation
