Judgment

HEGDE, J.: This appeal raises the question as to the validity of the election of Mr. R. K. Birla to the Lok Sabha, in the General Election held in 1967, from the Jhunjhunu constituency in the State of Rajasthan. The election for that constituency was held in the month of February 1967. The notification calling upon the constituency to elect one member to the Lok Sabha was published on January 13, 1967. The last date for filing the nomination was January 20, 1967. Several persons filed their nominations but some out of them withdrew later. Eleven persons including Mr. R. K. Birla (respondent No. 1) and Mr. Morarka Radheshyam (Respondent No. 2) contested the election. The polling took place on February 15, 18 and 20th. Counting commenced on the 21st of that month and completed on the 23rd on which date results were declared. According to the declaration made by the returning officer, respondent No. 1 secured 1,50,546 votes and respondent No. 2, 1,04,023. It is not necessary to refer to the other candidates in the course of this judgment Respondent No. 1 was declared elected.

2. The appellant who is a voter in the Jhunjhunu constituency and a supporter of Mr. Morarka challenged