Sinha, J.

1. This is an application under Articles 226 and 827 of the Constitution, and arises out of an election petition filed by the petitioner, Shah Mohammad Umair, for a declaration that the election of Ram Charan Singh, opposite party No. 1 to the Bihar Legislative Assembly from the Kurtha Constituency was void, and also for a declaration that the petitioner had been duly elected. Three other persons, besides Ram Charan Singh, namely, Parasnath Sharma, Rajaram Singh son of Sri Dukharan Singh, and Rajaram Singh son of Sri Mukhlal Singh, were" made respondents to the election petition. These three persons and the opposite party No. 1 and the petitioner were validly nominated candidates at the election, that is to say, they had not withdrawn their candidature. There were three other persons, namely, Siasaran Singh, Ramprakash Mahton and Balmiki Mahton, who were duly nominated candidates for the election, but, within the time allowed, they had withdrawn their candidature & they were not in the field at the time of the actual election. These three persons" were not made parties to the election petition. A point was raised on behalf of Ram Charan Singh, the only contesting