Judgment

SINHA J.: The only question for determination in this appeal by special leave is whether the appellant is disqualified under Section 7(d) of the Representation of the People Act, 1951 (hereinafter called the Act) for election to the House of the People, as held by the Election Tribunal, North Arcot, Vellore, by its orders dated the 20th January, 1953 in Election Petition No. 35 of 1952.

2. The facts of this case are not in dispute and lie within a narrow compass. The appellant and respondents 1 to 3 contested the last general election from the Dharmapuri Parliamentary Constituency in the district of Salem in the state of Madras. Respondents 4 to 10 who were added subsequently by an order of the Tribunal were also candidates for election. Their nominations also had been held to be valid but they ultimately withdrew their candidature before the polling took place. The appellant was in due course declared to have been elected to the House of the People.

Thereafter, on the 5th March, 1952 the 1st respondent filed an election petition before the Election Commission contesting the appellant s election on the ground that the appellant was disqualified under Section 7(d) of the Act a