S.S.Dulat, J.

1. This is an appeal under Clause 10 of the Letters Patent against a judgment of Mahajan, J., setting aside the entire election to the Municipal Committee of Nuh on a petition under Article 226 of the Constitution. The appellant is a successful candidate at the election and the appeal is supported by the State, the contesting respondents being certain voters at whose instance the petition was allowed by the learned Single Judge. This appeal came up in the first instance before two of us but because of conflicting decisions in this Court on the main question involved in the case it was referred for decision to a larger Bench.

2. The election has been set aside on the view that the electoral roll on the basis of which the election was held had not been prepared according to the rules and it is this question with which we are in the main concerned. The electoral roll was first published on the 21st August, 1959. Objections were Invited and fourteen objections were actually filed of which ten were allowed and four rejected. The final roll was published on the 29th August, 1959, and the election, that is the poll, took place on the 17th October, 1959. The petition