KAILASH CHAND Vs. H N AGARWALA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution which arises in the following circumstances :

(2.) THE petitioners and respondents Nos. 2 to 18 are candidates at an election for membership of the Municipal Board, Roorkee. The petitioners and these respondents filed their nomination. papers on 5-10-1953. On the 7th October, which was the date fixed for the scrutiny of the nomination papers, the Returning Officer rejected the nomination papers of the respondents on the ground that they were not presented within the prescribed time. On the following day the respondents presented an application to the Returning Officer (who is the first respondent)asking him to review his order rejecting their nomination papers. The Returning Officer allowed this application and by an order dated the 10th October he set aside his earlier order of the 7th october and accepted the nomination papers of the respondents. The relief which the petitioners seek is the issue of a writ in the nature of 'certiorari' to quash the order of the Returning Officer made on 10-10-1953.

(3.) IT is argued on behalf of the petitioners in this Court that the action of the Returning Officer in reviewing his earlier order and accepting the nomination papers of the respondents is not a ground which can be made the subject of an election petition, and that unless this Court interferes on their behalf in the exercise of its jurisdiction under Article 226 they have no remedy.