Section 75(1) in The West Bengal Municipal Elections Act, 1994
(1)If the validity of any election of a member is called in question by any person qualified to vote at such election, such person may, at any time within ten days immediately after the date of declaration, of the result of the election, file a petition before the District Judge of the district within which the election has been or should have been held and shall, at the same time, deposit two hundred rupees in the Court as security for the cost likely to be incurred:Provided that the validity of such election shall not be called in question in any such petition--(a)on the ground that the name of any person qualified to vote has been omitted from the electoral roll, or(b)on the ground that the name of any person not qualified to vote had been inserted in the electoral roll :Provided further that if only two candidates contested such election, the petitioner may, in addition to calling in question the election of the returned candidate, claim that if the election of the returned candidate is set aside, the other candidate may be declared duly elected.
