JUDGMENT

Wanchoo, J.

This is an appeal by special leave against the order of the Orissa High Court. The appellant stood for election to the Orissa Legislative Assembly from the Choudwar constituency, in the district of Cuttack. He was opposed by three persons who are the respondents before us. The appellant was elected. Then followed an election petition by respondent No.1, Satrughna Sahu. To this election petition, the appellant as well as the other two candidates who had stood for election were made opposite parties. When the election petition came to be heard objection was raised before the tribunal that the petition was not in accordance with Section 82 of the Representation of the People Act, No.43 of 1951, (hereinafter referred to as the Act), and that this defect was fatal to the petition in view of Section 90(3) thereof. This objection was heard as a preliminary objection and the tribunal came to the conclusion that as the petition was not framed in accordance with Section 82, the defect was fatal. It, therefore dismissed the petition.

2. Satrughna Sahu then appealed to the High Court under Section 116A of the Act. This appeal was heard on March 5 and 6,1962 and apparently wa