Bose, J. - (1.) This is an application under Atricle 226 of the Constitution for an appropriate writ against the respondent for cancellation of an order of rejection of nomination papers of the petitioner and for a direction upon the respondent to hold the scrutiny of the nomination papers according to law.
(2.) The petitioner is a resident of Ballia and is a duly recorded voter in Part A of original roll of Mouza Ballia in the constituency of Barwan-Khargram for the first general election of members to the West Bengal Legislative Assembly. The petitioner who was a candidate for election from the said constituency filed three nomination papers before the respondent on the 19th November, 1951. On the 21st of November, 1951, the respondent scrutinised the nomination papers of the petitioner but rejected the same on the ground that the nomination papers described the West Bengal Legislative Assembly as the West Bengal State Legislative Assembly. The respondent was of the opinion, that the West Bengal Legislative Assembly was incorrectly described in the nomination papers. It is alleged in the petition that the respondent had passed many other nominations as valid although the nomination papers described the West Bengal Legislative Assembly as the West Bengal State Legislative Assembly. It is stated in the petition that the alleged defect was at the most a technical defect and was not a defect of a substantial character and, therefore, the rejection of the nomination papers by the respondent was improper and in the circumstances the petitioner asks for the reliefs stated above.
(3.) On behalf of the respondent the learned Advocate General has raised the question of jurisdiction. In fact this is the only point raised by him in this application.;