( 1 ) THE polling for the election of a member to the U. P. Legislative Assembly from Gunnaur constituency in district Budaun in the last general election took place on the 28th of February, 1957. The counting took place on the 2nd of March, 1957, and, on the same date, the result was declared. Jamuna Singh respondent whose candidature was sponsored by the Praia Socialist party, received 14361 votes and was declared elected. Karan Singh appellant received the next highest number of votes. He was a candidate on behalf of the Congress and he received 11007 votes. A third candidate, Kamal Prasad, was an independant candidate and he received 7227 votes. Karan Singh then presented an election petition to the Election Commission on the 15th of april 1957, which was referred for trial to the Election Tribunal, Budaun. The Tribunal dismissed this petition with costs on the 6th of December, 1957 and the present appeal has been filed against that dismissal of the petition.

( 2 ) IN the election petition presented by the appellant, a number of grounds were put forward for the prayer that the edection of the respondent be declared void. On the basis of these grounds and in view