( 1 ) THIS is a petition under Article 226 of the Constitution challenging the order of the Chief Election Commissioner dated 7th August 1962 of which intimation was sent to the petitioner No. 1 by letter dated 9th August 1962 dismissing his election petition in limine.

( 2 ) THE facts briefly are that the petitioners and respondents 1 to 6 were the candidates for election to the Council of States which was to be held as per notification dated 7th March 1962. The last date for filing the nomination papers was 14th March 1962. The scrutiny of nomination papers was to be held on 16th March 1962. The date for withdrawal of candidature was 19th March 1962 and the date of poll was 29th March 1962. After the election had been hgld on 29th March 1962, respondents I to 6 were declared elected from the State of Maharashtra to the Council of Stated. Respondeht No. 7, who was a voter at the above election and had cast his vote in favour of the elected condidates, it is alleged, was not qualifted to be chosen to fill a seat for the Maharashtra Legislative Assembly for the reasons given in paragraph 3 of the petition. Indeed, it has been pointed out now that his election was se