Judgement

Venkatarama Ayyar, J.:

This is an appeal by special leave, against the order of the Election Tribunal, Cuttack, setting aside the election of the appellant to the Legislative Assembly. Orissa, from the Kendrapara Constitutency. Four persons, the appellant and respondents 1 to 3, were duly nominated for election to the seat. One of them, Loknath Das (the third respondent herein), withdrew his candidature, leaving the contest to the other three. At the election which was held between 9th and 15th January 1952 the appellant secured the largest number of votes and was declared elected.

The respondent, Jadumoni Mangaraj, then presented a petition under Section 81 of the Representation of the People Act (Act No.43 of 1951 alleging various corrupt practices on the part of the appellant and praying that the election might be set aside. The last date for presenting the petition was 4-4-1952, it was delivered at the post office at Cuttack on 3-4-1952 for being sent by registered post, and actually reached the Election Commision at Delhi on 5-4-1952, a day beyond the period prescribed, it was also defective in its verification.

Section 83 (1) of the Act enacts that the petition should