P.D. Kudal, J.-This election petition has been filed by an elector against the returned candidate Shri Gui Mohammad respondent No. 1. The petitioner claims himself to be an elector of the Rajasthan Legislative Assembly Constituency No. 42 (John Bazar, Jaipur) and, thus, claims himself to be entitled to file the petition. The election to the John Bazar Rajasthan Legislative Assembly Constituency No. 42, Jaipur was held on 13th June, 1977, and the result was declared on 14th June, 1977.

2. TheJanata Party applied for the symbol of’ Haldhar within wheel’ as the official symbol of the Janata Party. This symbol was allotted by the Election Commission to the Janata Party. The nomination could be filed within 11/5/1977 to 18/5/1977. The withdrawals could be made up to 3 p.m. on 21-5-1977. Originally, the Janata Party decided to adopt Gul Mohammad, respondent No. 1, as its official candidate from the Johari Bazar Constituency No. 42. A communication was sent to the Election Commission on behalf of the Janata Party to that, effect. Later on, the Janata Party decided to field respondent No. 5, Shni Mohammad Sayeed Khan as an official candidate of the Janata Party. The decision of th