Judgement

GAJENDRAGADKAR, C.J.I.: This short question which arises in this appeal is whether the Election Tribunal, Lucknow, and the High Court of Judicature at Allahabad, Lucknow Bench, were right in holding that the election of the appellant Mahadeo was invalid under S. 100 (1) (d) (iv) of the Representation of the People Act, 1951 (No. 43 of 1951) (hereinafter called the Act). The facts leading to this point are not many, and there is no dispute about them. At the General Elections of 1962, for the U. P. Legislative Assembly seat in Constituency No. 133 in Mijhaura, District Faizabad, 6 persons offered themselves as candidates. The appellant was one of them, and in fact, as a result of the election, he was duly declared to have been elected. Respondent No. 1. Udai Pratap Singh was another candidate. The appellant received 17,688 votes, whereas respondent No. 1 received 10,985 votes. There were 4 other candidates besides these two, but we are not concerned with them in the present appeal. Respondent No. 1 challenged the validity of the appellant s election by filing an election petition in that behalf before the Election Tribunal, Lucknow. It appears that the election symbol of th