( 1 ) THIS is an appeal from a judgment and order of Sinha J. , dated 28-7-1953, by which an application made by the appellants under Article 226 of the Constitution of India was dismissed.

( 2 ) THE appellants who are eight in number challenged an order by which a Union, called the Mohulla Union, was divided into three electoral wards. Of the eight appellants, four, that is, Nos. 1, 2, 5 and 7 were members of the old Union Board, of whom two have been elected at an election subsequently held. The remaining four ant residents of the locality and therefore interested in the affairs of the Union.

( 3 ) THE facts, briefly stated, are as follows. On 20-4-1949, a notice signed by the Circle Officer of the area was issued to the President of the Mohulla Union Board and he was asked to submit his proposals as to how best the Union could be divided into three wards of a reasonably equal size and how many members could properly be elected from each. No notice appears to have been taken of that communication. Subsequently on 8-4-1952, a similar notice, signed by the same Officer, was sent to the President. This time the language was more emphatic and it was stated that