( 1 ) THIS is an application under Article 133 of the Constitution praying for the grant of a certificate that the case is a fit one, for appeal to the Supreme Court of India. It arises under the following circumstances.

( 2 ) THE parties to the application were candidates for election to a seat in the U. P. Legislative assembly. As a result of the poll the respondent obtained 25,933 votes and the applicant 25,258 votes. The respondent was accordingly declared as the duly elected candidate, and the applicant filed an election petition challenging the respondents election. The main grounds taken in the petition were that the respondent, his workers, agents and supporters made systematic appeals, held meetings and printed and distributed handbills to the Muslim voters of the constituency inducing them to vote for the respondent and refrain from voting for the applicant on the ground of community and religion; that the respondent), his agents, workers and supporters made extensive use of certain posters bearing the photograph of Mahatma Gandhi and his advice "congress ko tor do" (the Congress organisation should he dissolved) and thus made the use of a national symbol f