Kanhaiya Singh, J.

1. These two appeals arise out of an election petition under Section 80 of the Representation of the People Act. In Election Appeal 8 of 1958 Kamdeo prasad Singh, the petitioner in the Court below, is the appellant (hereinafter referred to as the petitioner). In Election Appeal 7 of 1958 Bari Narain Singh, the returned candidate, who was respondent No. 1 in the petition, is the appellant (hereinafter referred to as the respondent). Five persons in all filed their nomination papers with regard to election to the Bihar Legislative assembly from the Sarath State Assembly constituency in the last general elections, namely, Badri Narain Singh, Kamdeo Prasad Singh, Hargouri Prasad Singh, Dwarka Prasad Singh and Nunka Saran. The last two candidates withdrew from contest before the last date fixed for withdrawal, that is 4-2-1957.

The first three candidates alone contested the election. The respondent is a Congress candidate and the petitioner is a candidate of the Praja Socialist Party. The other candidate, Hargouri Prasad Singh, was set up by the Jharkhand Party. The result of the election was declared on 14-3-1957, and the respondent was declared elected, as h