P. V. B. RAO, J.

( 1 ) THIS appeal is against the order of the Election Tribunal (Mr. T. V. Rao, District judge Puri) passed on a petition filed under Section 81 of the Representation of the People Act, 1951, (hereinafter called the Act) by a defeated candidate, Shri banamali Patnaik for the Orissa Legislative Assembly from the Khurda constituency during the elections held in 1957 praying to declare the election of the returned candidate Shri Prananath Patnaik as void.

( 2 ) THE Election Tribunal by its order dated 20th November, 1957 declared the election of Shri Prananath Patnaik to the Orissa Legislative Assembly to be void on account of the corrupt practice committed by him under Section 123, Clause (4) of the Act and disqualified him from standing as a candidate for election to the House of Parliament or the State Legislative Assembly for a period of six years.

( 3 ) THE Respondent-Petitioner was a candidate set up by the Congress Party while the Appellant-Opposite Party was set up by the Communist Party and they filed their nomination papers for the assembly seat for the Khurda Constituency. There was another candidate whose nomination was accepted, Shri Madhab Chandra rou