( 1 ) THESE two petitions under Article 226 of the Constitution raise the same identical important question of interpretation of the Representation of the People Act, 1951, as amended up-to-date (hereinafter referred to as the Act) and consequently they were heard together and are being decided by one single judgment.

( 2 ) THE petitioners in both the petitions are the persons who presented election petitions to the election Commission under Section 81 of the Act. In both cases, the petitioners were unsuccessful candidates at the last election for the U. P. Legislative Assembly and they presented election petitions impleading as respondents in those petitions the successful candidates. In each of the two constituencies, there was one other candidate who had withdrawn his candidature under Section 37 of the Act by a notice in writing to the Returning Officer. In the election petitions there were allegations of corrupt practices having been committed by the individuals who had withdrawn their candidature, but they were not impleaded as respondents in the election petitions. The election petitions were referred by the Election Commission to Election Tribunals for trial