( 1 ) THIS is an election petition in respect of the Dubrajpur Constituency in the District of Birbhum. The petitioner was a candidate in this constituency in the last General Election and had lost to the respondent No. 1 by a margin of 290 votes. The Returning Officer declared the result of the election on the 23rd February 1967. The petitioner wanted to present his election petition on the 17th April, 1967. There were doubts in my mind as to whether the petitioner came to this Court within time. The petitioner's Counsel then submitted to me that he did not want to take the risk; and would make an application for condonation of the delay, if any, in presenting the petition. Accordingly, an application for condonation, if necessary, has beep made.

( 2 ) FOR the last two days I have heard arguments of the petitioner's counsel, the Advocate General (who is appearing for the District Election Officer and the Returning Officer, the respondents Nos. 3 and 4 herein) and counsel for the respondent No. 1. This morning I was told by the petitioner's counsel that he did not wish to press the application for condonation of delay and was desirous of having my decision on the