Shah, J.

[1] Thakore Shri Jaswantsinghji Fate-singhji (hereinafter referred to as the petitioner) was a Ruler of an Indian State known as Khodal. On 26-5-1948, the khodal State merged with the Union of India and the territory thereof now forms part of the Bombay State. The petitioner claims that he is recognised under Article 362 of the Constitution of India as a Ruler. Opponents Nos. l and 2 claiming, respectively, to be the wife and son of the petitioner, filed an application under Section 488, Criminal P. C. in the Court of the resident Magistrate, First Class, Kapadvanj, for an order that they be awarded proper maintenance from the petitioner. It was urged on behalf of the petitioner before the learned trial Magistrate that he was a 'ruler' within the meaning of the Constitution of India, and the proceedings taken against him in the Court of the Resident Magistrate were in the absence of sanction of the Central Government incompetent. In support of that contention reliance was placed upon Sen. II of the White Paper, which gives a list of the former Indian Slates which merged with the Province of Bombay, and upon Article 4 of the agreement between the petitioner and the