N.L.Untwalia, J.

1. This is an appeal under Sec.116A of the Representation of the People Act, 1951 (Act 43 of 1951) from the decision of the Election Tribunal, Purnea, whereby the election of the appellant to the Bihar Legislative Assembly from Supaul Constituency in the District of Saharsa has been declared void, The appellant in the appeal is Sri Parmeshwar Kumar, who was the respondent in the Election petition before the Election Tribunal and for the purposes of avoiding confusion he will be hereinafter referred to as respondent in this judgment. The respondent in this appeal is Sri Lahtan Chaudhary, who was the petitioner before the said Tribunal and for the reasons just mentioned, he will be referred to as petitioner in this judgment.

2. The petitioner was selected by the Congress Party to contest the last Assembly -Election from the Supaul Constituency and he filed three nomination papers before the District Magistrate of Saharsa, who was the Returning Officer o£ the Constituency. The nomination papers were filed personally by the petitioner on 28-1-1957. The last date for filing the nomination papers was the 29th January.

The respondent as well as two more candidates