Judgment

Bose, J. : The proceedings that have given rise to this appeal arise out of an election petition before the Election Tribunal, Delhi.

2. The appellant Shrimati Sucheta Kripalani together with the contesting respondent Shrimati Manmohini Sahgal and others were candidates for election to the House of the People from the Parliamentary Constituency of New Delhi. The polling took place on 14-1-1952 and when the votes were counted on 18-l-l952 it was found that the appellant had secured the largest number of votes and that the contesting respondent Manmohini came next. The appellant was accordingly notified as the returned candidate on 24-1-1952.

3. On 6-3-1952, the appellant filed her return of election expenses. This was found to be defective and on 17-4 -1952, the Election Commission published a notification in the Gazette of India disqualifying the appellant under R. l14 (5) of the Representation of the People (Conduct of Elections and Election Petitions) Rules, 1951 on the ground that she had

"failed to lodge the return of election expenses in the manner required" and that she had thereby

"incurred the disqualifications under Cl. (c) of S. 7 and S. 143 of the Representation of