Judgment

BHAGWATI, J.:- The controversy in this appeal relates to the validity of election to the Lok Sabha from the Sadar Parliamentary Constituency in the Union Territory of Delhi. Eleven candidates originally offered themselves for election from this constituency but out of them, six withdrew their candidature with the result that only five remained in the field as contesting candidates. They were the petitioner and respondents Nos. 1 to 4. The petitioner was put up as a candidate by the Jan Sangh, while the candidature of the first respondent was sponsored by the Congress, which at that time, on account of the split in the organisation, was known as the ruling Congress or the new Congress. Respondents Nos. 2 to 4 were independent candidates. Though there were nominally five candidates, the real contest was between the petitioner and the first respondent. The polling took place on 5th March, 1971 and the result of the poll was declared on 11th March, 1971. The petitioner secured 55305 votes, while the first respondent polled 98108 votes. The first respondent thus won by a large majority and was declared elected. The petitioner thereupon filed an election petition challenging the