Dave, J.—This is a writ petition by Prithviraj; who is a resident of Sujangarh and who is one of the qualified voters for purposes of election to the Sujangarh Municipality.

2. It is common ground between the parties that non-petitioner No. 2, Shri Radha Vallabh Chowdari, Sub-divisional Magistrate, Ratangarh, was appointed as Returning Officer for conducting election of the. Sujangarh Municipality. He issued a notice Ex.1 dated 9th December, 1958, whereby all concerned were informed that the last date for filing nomination papers was 28th March, 1959, and that the polling would take place on the 13th April, 1959.

3. The petitioners case is that he wanted to contest the election and in order to file his nomination paper, he went to Ratangarh on 28th March, 1959, because the Returning Officer used to reside there and he had not fixed any place for filing the nomination papers. When he reached Ratangarh, the Returning Officer was not available there and so he could not file his nomination paper on the appointed date. Thereafter, he applied to the President, Municipal Board, Sujangarh for a copy of the electoral roll (vide Ex. 3), but he was informed by the President, Municipal Board on

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