R.K.Choudhary, J.

1. The short facts leading to the presentation of this application under Article 226 of the Constitution of India are as under:

2. In the last General Election the petitioner, respondents 2 and 3 and two other persons, namely, Sri Rameshwar, Yadav and Sri Sukar Yadav, were declared as duly nominated candidates for the election from the Barahiya single member Constituency No. 145 of the Bihar Legislative Assembly. Subsequently, on the 4th of February, 1957, the last date fixed by the Election Commission for withdrawal of the candidature, the aforesaid Sri Rameshwar Yadav and Sri Sukar Yadav withdrew their candidature for the Assembly seat of the aforesaid Constituency, and the withdrawal was duly accepted by the Returning Officer. The result of the election was announced on the 18th of March, 1957, and the petitioner Sri Kapildeo Singh was declared to have been duly elected. Respondents 2 and 3, who also had contested for the aforesaid seat, were thus defeated. On the 3rd of May, 1957, respondent No. 1 an elector in the aforesaid Constituency, presented an election petition before the Secretary, Election Commission, India, calling in question the election o