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 candidatures and the dates on which the poll should take place. Section Section 3 lays down the requirements for a valid nomination. Section 86 deals with scrutiny of nominations, and Sub-section (2) provides that the Returning Officer shall examine the nomination papers and shall decide all objections which may be made to any nomination and may either on such objection or on his own motion after each sum-may inquiry, if any, as he thinks necessary refuse any nomination on the various grounds which are set out in that Sub-section; and Sub-section (4) provides that the Returning Officer shall not reject any nomination paper on the ground of any technical defect which is not of a substantial character; and Sub-section (6) provides that the Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same, and, if the nomination paper is rejected shall record in writing a brief statement of his reasons for such rejection. Section 37 deals with withdrawal of candidature, and Section 38 deals with publication of nominations and it casts a duty upon the Returning Officer, immediately after the expiration of the period within which candidatures may be withdrawn under sub section (1) of Section 37, to prepare and publish a list of valid nominations in such manner as may be proscribed. Part VI deals with disputes regarding elections, and chap. III of that part deals with trial of election petitions, and Section 80 provides that no election shall be called in question except by an election petition presented in accordance with the provisions of this Part. Section 84 lays down that a petitioner may claim any one of the following declarations : (a) that the election of the returned candidate is void ; (b) that the election of the returned candidate is void and that he himself or any other candidate has been duly elected ; (c) that the election is wholly void. Section 100 lays clown the grounds for declaring election to be void, and the material ground which we have to consider in this case is the ground set out in Sub-clause (c) which is that the result of the election has been materially affected by the improper acceptance or rejection of any nomination. If the Tribunal is of the opinion that any of the grounds set out in the section exists, then the Tribunal shall declare the election to be wholly void. The section also empowers the Tribunal to declare the election of the returned candidate to be void on the grounds set out in Sub-section (2). Section 105 makes the orders of the Tribunal final and conclusive ; and Section 170 ousts the jurisdiction of the civil Courts and provides that no civil Court shall have jurisdiction to question the legality to any action taken or of any decision given by the Returning Officer or by any oth