Judgment

K. S. HEGDE, JJ.

( 1 ) THIS is appeal under S. 116-A of the Representation of the People Act (1951) (to be hereinafter referred to as the Act) from the judgment and order of the Delhi High Court dated the 29/03/1968 in Election Petition No. 2 of 1967 on its file. The petition was brought by two electors. It was dismissed by the High Court. As against that order only one of the petitioners has come up in appeal.

( 2 ) THE election petition arose from the election held for a seat to the Delhi Metropolitan Council from the Kalan Masjid constituency. The polling for the said constituency was held on 19/02/1967 and the result of the election was declared on 22/02/1967. In that constituency three persons contested; one Rajesh Sharma was the Congress nominee, the respondent Ram Babu Maheshwari was the Jan Sangh candidate and Z. P. Abbas was the Republican candidate. The respondent secured 7490 votes, Rajesh Sharma 5277 votes and Abbas 3203.

( 3 ) THE defeated candidates have not come forward to challenge the validity of the election. On the other hand two electors from the constituency in question have challenged the election of the respondent primarily on two grounds. Those grounds