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 verified as required by Sub-S. (2) of S. 83, Representation of the People Act (Act 43 of 1951), and on 21-6-1952 an Assistant Secretary wrote to the petitioner that the lists attached to the petition had not been duly verified and further that no list was submitted with respect to Sub-paras (a) and (b) of para 3 of the petition. The petitioner was granted 15 days time to remove the defects tailing which the application was to be dismissed under S. 85 of the Act. The Assistant Secretary, however, added. "This letter is to be read as without prejudice to the provisions of law applicable to the case."

On 26-6-1952 the petitioner sent copies of the three lists filed along with the election petition after duly verifying them; he also sent to them a duly verified list with respect to the corrupt and illegal practices mentioned in Sub-paras (a) and (b) of para 3 of the election petition. These lists-were received in the office of the Election Commission on 2-7-1952.

The Election Commission subsequently passed an order under S. 86 of the Act appointing an Election Tribunal for the trial of this petition. Before the Tribunal a number of picas of facts and law were taken by the returned candidate Sri Mohammad Nasir and 18 issues were settled in the case. The Tribunal decided issues Nos. 1, 3, 4, 5 and C which raised legal questions as to whether the election petition was duly presented and was in proper form and duly verified, whether it was maintainable, whether it was barred by time, whether the lists of members were duly verified in time, and whether the petition was liable to be dismissed on these grounds.

The main points urged before the Tribunal were that the three lists filed along with the election petition were not verified at all when the petition was filed, and the petition was thus defective, and the verified lists that the petitioner subsequently sent were filed alter the period of limitation had expired. It also appears from the order of the Election Tribunal that a request was made to the Tribunal to permit the petitioner to verify the original lists filed with the election petition.

The Tribunal considered these matters in some detail and came to the conclusion that the election petition was defective inasmuch as the lists filed along with it had not been verified, that the lists subsequently sent were sent after the expiry of period of limitation, and that the Tribunal should not permit the petitioner to verily the original lists now. On these findings the petition was dismissed on 13-1-1953. The present writ petition was filed on 16-2-1953 with the prayer already mentioned.

3. In support of the petition the learned counsel for the petitioner has urged four points. He has urged that only the list giving particulars of corrupt and illegal practices n

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