Jha, J.

1. The petitioner is a registered voter for the State Assembly of Bihar and his name has been duly entered in the voters list in the constituency of Lachmipur-cum-Jamur in the district of Monghyr. He filed a nomination paper on 23-11-1951, for being elected to fill a seat in the said constituency. On 26-11-1951, the date fixed for scrutiny, his nomination paper was, on objection of another candidate for the same seat, rejected by the Returning Officer on the ground that it did not comply with the provisions of Sec.33 (5). Representation of the People Act, 1951 (Act LIII of 1951). The petitioner has, therefore, come up to this Court and asks for a writ in the nature of mandamus. or any other appropriate writ, under Article 226 of the Constitution, calling upon the Returning Officer to show cause why his order rejecting the nomination capers should not be quashed and the name of the petitioner included in the list of valid nominations and the list so rectified published in accordance with law.

2. We shall assume for the decision of the point raised before us that the Returning Officer has improperly rejected the nomination paper of the petitioner. The question for dec