Judgment

N. H. BHAGWATI, J.: This is the 4th of the series of Civil Appeals before us arising out of election petitions and involving the interpretation of the relevant sections of the Representation of the People Act, 1951 (hereinafter referred to as "the Act"). The decision of this appeal turns on the construction of S. 97 of the Act and also on the jurisdiction of the Election Tribunal to allow withdrawal or abandonment of part of the claims before them.

2. The appellant and respondents 1 to 3 were the contesting candidates for election to the Mysore Legislative Assembly from the Dharwar Constituency in the last General elections. The appellant was the Congress candidate and respondent 1 was the candidate of the Lok Sevak Sangh party. The result of the election was declared on 3rd March, 1957 and the appellant was declared elected by a majority of 1, 727 votes. On 14th April, 1957, respondent 1 presented to the Election Commission a Petition, being Election Petition No. 52 of 1957 under S. 80 of the Act wherein besides claiming a declaration that the election of the appellant was void he claimed a further declaration that he, respondent 1 had been duly elected as he had secured th