Wanchoo, C.J.—This is an appeal by Shri Hotilal under sec. 116 A of the Representation of the People Act (No.43 of 1951) hereinafter called the Act,against the judgment of the Election Tribunal, Jaipur, rejecting the election petition filed by him against Shri Raj Bahadur, who was elected from Bharatpur Parliamentary Constituency.

2. The appellant is an elector in the constituency. He did not stand for election, but he filed the election petition against the successful candidate on two main grounds:—

(1) That the nomination paper of a candidate Shri Mukat was wrongly rejected by the Returning Officer.

(2) The Returning Officer had committed an illegality in treating Shri Hansraj, who was one of the nominated candidates, as properly retired under sec. 55-A of the Act.

3. It was urged that on account of these two defects the result of the election had been materially affected and the election of Shri Raj Bahadur was void.

4. The application was opposed by Shri Raj Bahadur. His case was that the nomination paper of Shri Mukat was rightly rejected and that Shri Hansraj was property treated as retired candidate under sec. 55-A of the Act. It was also contended that the applicant had failed t

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