PANIGRAHI, C. J.

( 1 ) AT the conclusion of the hearing of this petition on 1-9-1953, we intimated our decision to the parties and took time to formulate our reasons for our order. I now proceed to set out the reasons for dismissing the petition.

( 2 ) THE petitioners, four in number, are residents of Berhampur Municipality in ganjam district and were registered as voters in the electoral roll prepared in the year 1950. At the general election held in January 1952, two candidates were returned to the Orissa State Legislative Assembly from the Berhampur constituency, but their election was set aside on 17-3-1953, by an order of the election tribunal, in Election Case No. 4 of 1952. A by election was directed to be held under Section 150, Representation of the People Act, 1950 (Act 43 of 1950)and 7-5-1953 was fixed as the last date for receiving nominations and 14-6-1953, for conducting the poll. On the 7th May one Sri Gadi Narayanamurti, an Advocate of Berhampur whose name had been registered in the electoral roll of 1950 filed nomination paper, but the Returning Officer, Berhampur Constituency, who is the opposite party No. 1 in these proceedings, rejected the nomination paper on