Chagla, C.J.

[1] This is a petition for a writ under Article 223 of the Constitution against the Re. turning Officer of the Kolaba District, alleging that the Officer has wrongfully rejected the nomination paper of the petitioner for the ensuing election to the State Assembly, and for an order upon him directing him to include the petitioners name in the list of valid nominations. The Advocate General who appears for the Returning Officer has taken a preliminary objection and the objection is that this Court has no jurisdiction to entertain this petition.

[2] In order to understand and appreciate the objection raised it is necessary, to look at the Representation of the People Act, 1951, which deals with elections to all the Legislatures in the Union of India. Under Section 17 notifications for elections to State Legislative Assemblies had to be issued by the Governor of the State, Under Section 20 Returning Officer for each constituency had to be appointed by the Election Commission in consultation with the Government of the State in which the constituency is situated. Section 30 lays down a time schedule for making nominations, scrutiny of nominations, withdrawal of candid