Judgment

RAGHUBAR DAYAL, J. : Badri Narain Singh, the appellant, and four other persons including Kam Deo Prasad, respondents, were candidates to the Bihar Legislative Assembly during the last general election held in 1957. Two of those candidates withdrew before the relevant date. The appellant secured the largest number of votes and was declared elected on March 14, 1957. Respondent No. 2 secured larger number of votes than Kam Deo Prasad, respondent No. 1, who filed an election petition under Ss. 80 and 81 of the Representation of the People Act, 1951 (Act XLIII of 1951), challenging the election of the appellant on the ground that the nomination of the appellant and respondent No. 2, who, as Ghatwals, held an office of profit, was against the provisions of S. 7 of the Act and that the appellant had also committed corrupt practices. Kam Deo Prasad, by his election petition, not only prayed for the declaration that the election of the appellant was void, but also for the declaration that he himself was duly elected. The appellant denied the allegations against him. The Election Tribunal held that Badri Narain Singh, the appellant, was guilty of corrupt practices and that a Chatwal