ASTHANA, J. : This is an appeal under S. 116-A of the Representation of the People Act from the judgment of Sri H.K. Sinha, District Judge of Agra appointed as Tribunal under that Act to try an election petition filed by Hukam Singh, appellant questioning the election of Banwari Lal Bipra respondent No. 1, who was elected to the Uttar Pradesh Assembly from 364 Fatehabad Constituency in Agra district in the general elections held in February 1962. The appellant was one of the contesting candidates and so were the other respondents impleaded in this appeal. The roll was taken on the 19th February 1962. As a result of the counting; of votes Banwari Lal Bipra respondent No. 1 obtained 10,988 votes and Hukam Singh appellant obtained 10,939 votes. Thus there was a difference of 47 votes only between the appellant and respondent No. 1, the other contesting candidates obtaining far lesser number of votes. Accordingly Banwari Lal Bipra respondent No. 1, was declared elected. Appellant Hukam Singh then filed an election petition calling in question the election of Banwari Lal Bipra respondent No. 1, on various grounds based on Ss. 100 and 123 of the Representation of the People Act