GANGESHWAR PRASAD, J. : This is an appeal under S. 116-A of the Representation of the People Act, 1951 (hereinafter called the Act) against the order of the Election Tribunal, Azamgarh dismissing an election petition filed by Tribeni Rai appellant.

2. The petition arose out of an election held in 1962 for membership to the V.P. Vidhan Sabha Deogaon Assembly Constituency No. 227 of district Azamgarh. The election was contested by the appellant and the five respondents. Polling took place on 19th February, 1962 and counting of votes was done continuously from 10 A.M. of 26th February to about 5 A.M. of 27th February, 1962. According to the counting, Sri Satyadeo Singh, respondent No. 1 secured 12505 votes, Sri Tribeni Rai, appellant, 12497 votes, Rama Shanker Singh, respondent No. 2, 11058 votes, Tej Bahadur Singh, respondent No. 3. 6350 votes. Ram Jug Yadava, respondent No. 4 3659 votes and Amardeo Ram, No. 5, 3588 votes. As a result, Satyadeo Singh, respondent No. 1 was declared elected. An election petition was then filed by the appellant praying that the election of respondent No. 1 be declared void and the appellant be declared duly elected. The grounds on which the peti