This case comes before the Division Bench on a reference by Bhutt J. The facts of the case sufficiently appear from the order of reference and need not be stated again. The reference involves consideration of two questions. They are as follows:

(i) Whether the State Government should be directed to issue another notification empowering any particular class of Judges to entertain these petitions ?

(ii) Whether, even if this is now done, the petition in question would not be barred by limitation if it is hereafter presented before a duly constituted authority ?

Under Section 20-A (2) of the Central Provinces and Berar Municipalities Act, 1922, an election petition is to be presented to the District Judge or Additional District Judge or to a Civil Judge especially empowered by the Provincial Government in this behalf. The first question is whether the special empowering is to be only of the Civil Judge or also of the District Judge and the Additional District Judge. The second question involves a notification issued by the State Government by which all Judges of the Courts of Civil Judge, Class I, were empowered, to hear such election petitions. By the Madhya Pradesh Courts (Amen