CHHANGANI, J.

( 1 ) THIS is an election petition under Sections 80 and 81 of the Representation of the People Act, 1951 (hereinafter to be referred to as the Act) by Shri Umrao singh Dhabariya, a defeated candidate, calling in question the election of Shri yashwant Singh Nahar respondent No. 1 to the Rajasthan Legislative Assembly from the Banera Constituency (No. 144) in the last general elections held in february, 1967, claiming prayers to -

(i) declare the election of the respondent No. 1 to the a Rajasthan legislative Assembly from Banera Constituency (No. 144) void, and

(ii) further to declare the petitioner duly elected from the aforesaid banera constituency (No. 144) to the Rajasthan Legislative Assembly. There were three contesting candidates in the Banera constituency:

(i) The petitioner Shri Umrao Singh, Dhabariya who was a sitting member of the Rajasthan Legislative Assembly contested the election as a Socialist Party candidate, (ii) The respondent No. 1 Shri Yashwant singh Nahar who was the Zila Pramukh of the Bhilwara Zila Parishad was the candidate of the Congress party which was the ruling party in power headed by Shri Mohan Lal Sukhadia the Chief Minister.

(i