Judgement

SINHA, J.:- This appeal by special leave is directed against the majority judgment and order of the Election Tribunal of Patiala, dated August 26, 1955, declaring the two appellants election to be void on account of the improper rejection of the nomination paper of Buta Singh, respondent 18.

2. In order to appreciate the arguments raised on behalf of the appellants it is necessary to state the following facts: The appellants and respondents 2 to 18 filed their nomination papers on January 9, 1954, for election from a double member constituency of Samana to the Pepsu Legislative Assembly. Of the two seats, one was reserved for the Schedule Caste and the other was a general constituency. Scrutiny of the nomination papers by the Returning Officer took place on January 13, 1954. The Returning Officer accepted all the nomination papers except that of Buta Singh aforesaid on the ground that the thumb impressions of the proposer and the seconder had not been attested by an officer in accordance with the Election Rules. Polling took place on February 24, 1954, and the results announced in the Pepsu Gazette on March 4, 1954. The results thus announced showed that the first Appellan