Judgment

SUBBA RAO, J.: This appeal by special leave is directed against the judgment of the High Court of Judicature at Allahabad setting aside that of the Election Tribunal, Kanpur, dismissing the petition filed by the respondent for setting aside the election of the appellant as a member of the Parliament from the Kanpur constituency.

2. In February-March 1957 elections were held to fill up a parliamentary seat from the single-member constituency No. 331, Kanpur. Sri S. M. Banerji, Sri Suraj Prasad and four others were candidates for the said election. The said persons filed their nomination papers between 19th and 29th January, 1957. The appellant was employed as Supervisor A Grade at the Government Ammunition Factory, Kirkee, and was dismissed from service on January 24, 1956, for a reason other than corruption or disloyalty to the State; and he was duly qualified to stand for the election. He also filed his nomination paper within the prescribed time and ex facie it complied with all the provisions of the Representation of the People Act, 1951 (43 of 1951), as amended by Act XXVII of 1956, (hereinafter called the Act), and did not disclose any disqualifications. The Returning