( 1 ) TWO questions have been referred to us by a Division Bench. It will be useful to state the circumstances leading to this reference:- (i) Firm Ladhuram Rameshwardayal, by this petition under Article 226 of the Constitution, sought a writ of mandamus and/or certiorari, inter alia, to quash the electoral roll and also to quash the election programme in connection with an election to the Agriculture Market equivalent Citation:

Committee of Krishi Upaj Mandi Samiti, Shivpuri. (ii) The petition was heard by a Division Bench of Raina, J. and bhacha-wat, J. They differed. In the opinion of Raina, J. the petition was to be dismissed. In the opinion of Bhachawat, J. the petition was to be allowed inasmuch as the voters list and the whole programme of the election were invalid and consequently the election which had taken place was also to be quashed. (iii) Accordingly, they directed the case to be placed before the Chief justice for nominating a Bench under Rule 11 of Chapter I of the High court Rules. (iv) The Chief Justice nominated Lodha, J. as the third Judge. (v) Lodha, J. , in his order, directed as follows:-" in view of my foregoing conclusions, I partly allow t