Judgment

JAGANNADHADAS, J. : This is an appeal by special leave against the judgment and order of the Election Tribunal, Akola, Madhya Pradesh, dated 1-5-1953, dismissing the election petition filed by the appellants. It relates to the election for the Akola constituency of the State Assembly of Madhya Pradesh which was held on 13-12-1951, and the result of which was notified in the Gazette on 4-4-1952. The two appellants are the electors of the said constituency. Respondent 1 was the successful candidate at the election.

Respondents 2, 3 and 4 were the other three candidates who, having been validly nominated went to the polls but were defeated. The appellants filed the election petition under S. 80, Representation of the People Act, 1951 (Act 43 of 1951) (hereinafter referred to as the Act) for setting aside the election on various allegations. The petition was filed on 19-4-1952, before the Election Commission at Delhi and was admittedly one day beyond the prescribed time.

The Election Commission admitted the petition after condoning the delay under the proviso to S. 85 of the Act and thereupon constituted a Tribunal for the trial of the petition at Akola by notifications dated 3