N.L.Untwalia, J.

1. This is an appeal under Sec.116A of the Representation of the People Act, 1951 (hereinafter to be referred to as the Act) by Shri Dahu Sao, who was the petitioner before the Election Tribunal, Dhan-bad, and had asked it to declare the election of Shri Ranglal Chaudhary, respondent No. 1, as void. There was a by-election held on 21st and 22nd of December., 1958, to fill up a vacant seat of the Dhan-bad Constituency in the Bihar Legislative Assembly. Several persons had filed their nomination papers on or before 8-11-58 as candidates for the said by-election.

Besides the appellant and respondent No. 1, the other candidates were Shri Mahesh Desai and Shri Binode Bihari Mahto, respondents 2 and 3, respectively and Shri Rupan Prasad, Shri Harbans Singh and Shri Dhirendra Chandra Mallick, who were not joined as respondents in the petition. The scrutiny of the nomination papers was held by the Returning Officer on 11-11-58 and the nomination paper of the appellant as also of Rupan Prasad was rejected by him. Dhirendra Chandra Mallick and Harbans Singh withdrew their nomination on 14-11-1958, the last date for withdrawal. The contest, therefore, was among the th