JUDGMENT :

Mitter, J.

1. This is an appeal from a judgment of the Madhya Pradesh High Court by a returned candidate at an election to Madhya Pradesh legislative assembly from Ujjain North-Constituency held in February 1967 declaring the election of the appellant void under Section 98 of the Representation of the People Act (hereinafter referred to as "the Act").

2. There were no less than eight candidates at the said election, five of whom polled very few votes. The result of the election so far as the other three were concerned was as follows:

"1. Mahadev Govind

Joshi, the returnedcandidate secured 23,709 votes

2 Mrs Hansaben Patel

polled 10,767"

3 Shri Bansidhar

Azad polled 7093"

The election petition was filed by the husband of the 2nd respondent, Mrs Hansaben Patel. In the petition numerous grounds were taken for declaring the election of the appellant void under the Act and no less than five issues with different sub-heads were framed by the court on August 31, 1967, but at the final stage of the hearing only the first issue was canvassed. The said issue reads as follows:

1. (a) Was the Respondent 1 holding one or more of the three following offices of profit?

(i) his being included in t