R.K.Choudhary, J.

1. This appeal under Sec.116-A of the Representation of the People Act, 1951 (Act 43 of 1951) is directed against the judgment and order of Election Tribunal, presided over by Shri Syed Bahaud-din Ahmad, Judicial Commissioner of Chotanagpur. Ranchi, dated the 12th of February, 1963, by which he dismissed the election petition filed by the appellant under section 81 of the said Act.

2. In the last general election the appellantand the two respondents were rival candidates for the Parliamentary seat from Lohardaga Parliamentary (Scheduled Tribes) Constituency. The appellant was the official candidate of the Congress party, the respondent No. 1 was the official candidate of the Swatantra party and the respondent No. 2 was the official candidate of the Jharkhand party. The result of the election was declared on the 2nd of March, 1962, declaring respondent No. 1 to have been duly elected. The appellant polled 41,804 votes, while respondent No. 1 polled 58,173 votes and respondent No. 2 polled 31,744 votes The appellant, therefore, filed an election petition challenging the validity of the election of respondent No. 1 -- who will hereinafter be referred to as th