MALIK, CJ.:-

This is an application under Art.226 of the Constitution filed by Dr. Brijendra Swarup.

2. There was an election held for the Uttar Pradesh Legislative Council from the U.P. Graduates Constituency (West), in the year 1952 and three candidates were elected, they being Dr. Brijendra Swarup, Dr. Ishwari Prasad and Shri Beni Prasad Tandon. Sri Ratan Shukla challenged the election by a petition which he filed on 4-8-1952. The relief claimed by him in the petition was to the following effect:

"It is, therefore, prayed that (1) the election to the U.P. Legislative Council from U.P. Graduates (West) Constituency be dclared wholly void;"

The petitioner also claimed costs and any other consequential relief that may be granted to him. The relief claimed was under S.84(c), Representation of the People Act, 1951 (Act 43 of 1951). Section 84 is as follows:

"84. A petitioner may claim any one of the following declarations:

(a) That the election of the returned candidate is void.

(b) That the election of the returned candidate is void and that he himself or any other candidate has been duly elected.

(c) That the election is wholly void."

On any one of these reliefs having been claime