Judgment

GHULAM HASAN, J. : This appeal preferred under Article 136 of the Constitution against the order dated; May 4, 1951, of the Election Tribunal, Allahabad, setting aside the election of Sri Vashist Narain Sharma, to the U. P. Legislative Assembly raises two questions for consideration. The first question is whether the nomination of one of the rival candidates, Dudh Nath was improperly accepted by the Returning Officer and the second, whether the result of the election was thereby materially affected.

2. Eight candidates filed nominations to the U. P. State Legislative Assembly from Ghazipur (South East) Constituency No. 345, three withdrew their candidature and the contest was confined to the remaining five. The votes secured by these candidates were as follows :

1. Vashist Narain Sharma .. 12868

2. Vireshwar Nath Rai .. 10996

3. Mahadeo .. 3950

4. Dudhnath .. 1983

5. Gulab Chand .. 1768

They were arrayed in the election petition as respondents 1 to 5 respectively. The first respondent having secured the highest number of votes was declared duly elected. Three electors filed a petition under Section 81 of the Representation of the People Act (Act 43 of 1951) praying that the s