Judgment

MATHEW, J:- In this appeal by special leave, the question for consideration is whether the findings arrived at by the High Court of Gujarat in Election Petition No. 9 of 1972 on issues Nos. 1 and 5, which were tried as preliminary issues, are correct.

2. An election to elect four members of the Council of States from the State of Gujarat was to be held on April 8, 1972.

3. The appellant and respondents nos. 1 to 5 filed nominations. On scrutiny the returning officer held them to be valid. On April 8, 1972, the election was held at Gandhi Nagar and the appellant and respondents 2, 3 and 5 were declared elected.

4. On May 1, 1972, respondent no. 1 filed the election petition to declare the elections of the appellant and respondents 2, 3 and 5 void.

5. The main ground urged in the election petition for declaring the election of respondents 4 and 5 in the election petition (respondent 5 and the appellant respectively here) void-with which alone we are concerned in this appeal-was that they were not ordinarily resident in the area covered by any parliamentary constituency in the State of Gujarat and that their names had been illegally entered in the electoral roll of the respective