Judgment

GROVER, J.:- This is an appeal under S. 116-A of the Representation of the People Act 1951, hereinafter called the "Act" from a judgment of the Allahabad High Court dismissing an election petition filed by the appellant challenging the election of respondent No. 1 to the U. P. Legislative Assembly from Constituency No. 84 Sandila (District Hardoi) held in February 1969 on the ground that one of the candidates had not been made a party to the petition.

2. The date for filing the nomination papers of the candidates for the mid-term election in the State of U. P. was January 9, 1969. On that date nine candidates filed their nomination papers Aizaz Rasul, who had the title of Nawab and who is the husband of respondent No. 1, had been nominated as a candidate and his nomination papers were held to be in order by the Returning Officer on January 9, 1969. After the nomination papers had been accepted Aizaz Rasul and one other candidate withdrew from the contest and seven candidates were left in the field. The polling took place on February 7, 1969. Respondent No. 1 was declared elected on February 10, 1969. It is unnecessary to mention the votes polled by all the candidates. It wou