Sarjoo Prosad, C.J. -This appeal has been referred to this Bench for decision as the questions involved are of sufficient importance and affect several other pending appeals. The material facts as set out in the judgment of reference are as follows :—

2. The Collector of Barmer appointed the Sub-divisional Magistrate of Balotra as the Returning Officer for holding election of members of the Balotra Municipality, The Returning Officer fixed 24th of December 1957 as the date for the election. He also notified that nominations could be filed between the 1st and 9th of December 1957. The appellant, Shatrushal filed his nomination paper on 6th December, 1957 while the respondent Noor Mohammad filed his, on the 9th of December, which according to the date prescribed by the officer, was the last date for the receipt of nomination papers. It appears that 8th December, 1957, was a public holiday. As a result of the poll, Noor Mohammad, the respondent was declared elected. The appellant Shatrushal then filed an election petition, out of which this appeal arises, before the District Judge, Balotra. The main objections on which the election petition was founded were twofold :

(1) That the nomina

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