ORDER :- This is a petition under Art. 226 of the Constitution praying for the quashing of the order passed by an Election Tribunal on 13-1-1953 dismissing the election petition filed by the petitioner.

2. The petitioner was a candidate for membership of the Uttar Pradesh Legislative Assembly and he was nominated as a candidate from the Tanda Constituency of Faizabad district. The elections were held in January 1952 and this Constituency was a double member constituency one of the seats being reserved for the scheduled caste. As a result of the counting of the votes Ram Sumer respondent was declared as elected in the seat reserved for the scheduled caste and respondent 2 Sri Mohammad Nasir was declared as elected to the general seat.

The result of the election was published in the Official Gazette on 26-2-1952 and the return of expenses by the elected members was published on 3-5-1952. The election petition was presented by the petitioner personally in the office of the Election Commission on 16-5-1952, and it was within time on that date.

It was, however, discovered subsequently at the office of the Election Commission that the three lists attached to the application were a on duly v

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