B. K. MEHTA, J.:- The petitioner herein anguished by the rigour of the party discipline in a Democratic State and inspired with a spirit of crusade to establish and maintain constitutional right and guarantee of having free and independent election challenges the constitutional validity of certain provisions of the Representation of the People Act, 1951, viz. Section 34 (a) and Section 56 as well Sections 33, 34, 35, 36 (1), 36 (2) (b), 36 (2) (c) and Section 39 (2) of the said Act as ultra vires Article 84 of the Constitution of India and, therefore, void and ineffective. The challenge has been raised in the following circumstances :

2. The petitioner desired to contest the election to the Loksabha in the elections held in 1971 and for the election to the Council of States held in March, 1972. The petitioner was required to deposit and in fact deposited Rs. 500/- with the Returning Officer to contest the election to the Loksabha from Ahmedabad constituency in March 1971. As he did not obtain a prescribed percentage of votes, his deposit came to be forfeited under Section 158 of the aforesaid Act. Similarly, he deposited a sum of Rs. 250/- by way of deposit for election to