( 1 ) THE appellant, Aslam Khan, respondents Fazal Haque Khan, Abdul Hadi Khan and Sita Ram and one Tribeni Sahai Misra were candidates for election to the U. P. Legislative Assembly in the general elections held in February and March, 1957, from No, 60, Rampur constituency. All the live candidates filed nomination papers on 31-1-1957, and, after scrutiny, they were declared duly nominated on 1-2-1957. Tribeni Sahai Misra, who is not a party to this appeal, withdrew his candidature within the time permitted by law. The polling in the constituency took place on 22-2-1957, and the counting on 1-3-1957. The same day the result was announced and Aslam Khan appellant was declared duly elected. Thereupon Fazal Huque Khan respondent No. 1 filed an election petition before the Election commission challenging the election of Aslam Khan appellant. The election petition was sent for trial to the Election Tribunal, Rampur. The main ground, on which the election was challenged, was that Aslam Khan appellant was not a citizen of India and, consequently, under article 173 of the Constitution he was not qualified to be chosen to fill a seat in the Legislature of Uttar Pradesh and,