ORDER :- Respondents Nos.1 to 6 as well as Rajmata Kamalendumati Shah and Lokendra Dutt Saklani filed nomination papers for the mid-term general elections to the Lok Sabha from Tehri Garhwal Constituency (hereinafter referred to as 'the Constituency') held in February/ March, 1971, Rajmata Kamalendumati Shah and Lokendra Dutt Saklani withdrew their candidature before the date of withdrawal and respondents Nos.1 to 6 alone contested the election. Respondent No.1 was returned elected and the petitioner, a voter in the Constituency, has challenged his election. He has also prayed for a declaration that respondent No.2 is duly elected.

2. It may be mentioned that respondent No.1 is the proprietor of the newspaper Himani, published at Dehra Dun, which is outside the Constituency, and respondent No.2 is the Ruler of Tehri.

3. The petition is resisted by respondent No.1, while respondent No.2 as supported the petition. Respondents Nos.3 to 6 remained absent though duly served and were proceeded against ex parte.

4. The calendar of election for the Constituency was as follows:-

3rd February, 1971 : Last date of nominations.

5th February, 1971 : Date of scrutiny of nominations.

6th February, 1971

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