Judgment

S.R. DAS, CJI. : This appeal has been filed, on a certificate granted by the High Court of Bombay on January 14, 1958, under Art. 133 (1)(c) of the Constitution, challenging the correctness of that part of the judgment of the High Court, pronounced on November 14, 1957, which set aside the order of the Election Tribunal declaring the appellant to have been duly elected a member of the Legislative Assembly of the State of Bombay.

2. For the election to the Bombay Legislative Assembly from the Electoral Constituency No. 129 of Mazagaon in Greater Bombay held on March 11, 1957, there was originally four candidates for the unreserved seat. Out of them two had withdrawn before the polling, leaving the appellant and the respondent as the two contesting candidates. The result of the election was declared on March 12, 1957. The respondent having received 22,914 votes as against 14,885 votes secured by the appellant, the respondent was declared duly elected. On April 10, 1957, the appellant filed an Election Petition (No. 190 of 1957) alleging that as the respondent was, at all material times, an Insurance Medical Practitioner, Bombay under the Employees State Insurance Act, 1948, h