R.J.Bahadur, J.

1. This is an appeal under Sec.116-A of the Representation of the People- Act, 1951, (hereinafter to be referred to as the Act) by Yugal Kishore Sinha, who was the petitioner before the Election Tribunal Darbhanga, and had asked it to declare the election of the respondent, Nagendra Prasad Yadav, to the Lok Sabha from the 12th Sitamarhi Parliamentary constituency as void.

2. Besides the appellant and the respondent there were five other candidates, who had filed nomination papers to fill the said seat and the respondent was declared elected from the above mentioned constituency on the 1st March, 1962. The appellant thereafter submitted a petition before the Election Tribunal challenging the election of the respondent on two grounds. The first ground was that the respondent held benami in the name of his wife Smt. Vidyabati Debi a stage carriage permit No. 190/60 under the North Bihar Regional Transport Authority for plying a bus on Muzaffar-pur-Sitamarhi-Sursand route. It was said that this was "an office of profit" under the State Government and since the respondent was the real holder of the said office he was disqualified to be a member of the Lok Sabha u