1. This is a reference by the Learned Sessions Judge, Wardha, for quashing the conviction passed by the Judicial Magistrate, First Class, (Second Court). Wardha, on an accused who was found guilty under S.26(2) of the Maharashtra Municipalities Act . He is alleged to have behaved in a disorderly manner within the premises of a polling station on the day of the election. On 14-6-1967 there was an election going on in the Municipal Town Hall at Pulgaon. On that day accused No. 1 Shantilal for whom the reference is made and another accused Dwarka Prasad were shouting and behaving in a disorderly manner in the premises of that Polling Station and causing disturbances. The Presiding Officer as well as the Polling Officers who were on duty could not, therefore, continue their work. The Presiding Officer, therefore, reported the matter to the Police Officers there and in consequence thereof, both the accused were arrested and c