( 1 ) THIS is an appeal directed against the order passed by the Election Tribunal, Lucknow, on the 2nd of March, 1963, dismissing the election petition filed by the appellant, Kidwai Husain kamii (Husain Kamil Kidwai ). The Bara Banki Parliamentary Constituency No. 30 (hereinafter referred to as the Constituency) consists of the following five U. P. Legislative Assembly constituencies:-148 nawabganj. 1. 149 Kursi. 2. 150 Bhitauti, 3. 170 Sariu. 4. 171 Tarabganj. 5. In the last general election the appellant Kidwai was a candidate from the constituency on congress ticket. Opposed to him were Yadav Ram Sewak (Ram Sewak Yadav) on the Socialist party ticket, Sri Kishna Das on the Jan Sangh ticket, Krishna Behari on the Swatantra Party ticket, and Autar on the Communist Party ticket.

( 2 ) THE counting of the votes took place between the 26th of February and 28th of February, 1962. Yadav Ram Sewak was declared elected. The number of votes secures by each of the candidates is as follows: kidai Husain Kamil 76,224. (1) (Congress-Petitioner)Yadav Ram Sewak 76,545. (2) (Socialist-respondent no. 1)Sri Krishna Das (Jan 33,602. (3) Sangh-respondent no. 2 ). Krishna Behari 18