Venkatarama Ayyar, J.-

These petitions arise out of proceedings taken for setting aside the election of members to the Madras Legislative Council by the members of the State Legislative Assembly, at an election held on 27th March, 1952. On 4th March, 1952, the Governor of Madras issued a notification under section 18(1)(b) of the Representation of the People Act (XLIII of 1951) hereinafter referred to as the Act calling upon the members of the Legislative Assembly to elect 24 members to the Legislative Council. The last date fixed for nomination was the 13th March; for scrutiny of the nomination paper 14th March; and for polling 27th March. One Sri U.C. Subramania Bhatt who is the respondent in W.P.No.72 of 1953 presented his nomination paper on the 12th March and along with it he filed a printed copy of Block No.15 of the electoral roll for the Mangalore City Constituency wherein his name is entered as a voter, the serial number being 26. On 14th March, 1952, the Returning Officer passed the following order on the nomination paper:

“Time given till 3 p.m. on the 16th for producing certified extract from the electoral roll.”

It may be mentioned that 16th March, 1952, was a Sunday and

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