P. V. B. RAO, J.

( 1 ) THE appellant Raghunath Misra of Banpur files this appeal against the judgment of the Election Tribunal (Shri T. V. Rao, District. Judge, Puri) dismissing his application under Section 81 of the Representation of the People Act, 1951 (hereinafter called the Act) for declaring void the election to the Orissa Legislative assembly of Raja Bahadur Kishore Chandra Deo Bhanj o Daspalla, respondent no. 1, from the Daspalla double-member constituency in which a seat is reserved for the scheduled caste candidate.

( 2 ) THE general seat was contested by respondent No. 1 Raja Bahadur of Daspalla, respondent No. 3 Shri Durga Madhab Deo and the appellant. The reserved seat was contested by Shri Sridhar Naik (respondent No. 2), Iswar Naik, Manguli Sethi and Basudeb Naik. The last three persons were not added as parties to the application as they were not necessary parties for the reason that they contested the reserved seat and the election of respondent No. 2, Shri Sridhar Naik to the reserved seat was not challenged by the appellant. The election was held on 27-2-57 and the result was declared on 5-3-57 in which respondent No. 1 was declared elected to the general seat