Judgment

VENKATARAMA AYYAR, J. : This is an appeal against the order of the Election Tribunal, Himachal Pradesh, dismissing Election Petition No. 14 of 1952. On 12-10-1951, five candidates (respondents 1 to 5 herein) were duly nominated for election to the Legislative Assembly of the State of Himachal Pradesh for the Rohru Constituency in Mahasu District. The polling took place on 23-11-1951, and on 30-11-1951 the first respondent was declared elected, he having secured the largest number of votes. The result was published in the official Gazette on 20-12-1951.

On 14-2-1951 one of the unsuccessful candidates, Gyan Singh (fifth respondent herein) filed Election petition No. 14 of 1952 challenging the validity of the election of the first respondent. On 4-8-1952 he applied to withdraw from the petition, and that was permitted by an order of the Tribunal dated 20-9-1952. The appellant, who is one of the electors in the Rohru Constituency, then applied to be brought on record as the petitioner, and that was ordered on 21-11-1952. The petition was then heard on the merits.

2. Though a number of charges were pressed at the trial, only two of them are material for the purpose of the present