JUDGMENT

1. This appeal arises out of an election petition. Nawab Khan was one of the electors at an election of the Municipal Board of Allahabad which was held on the 8th of March 1911. At that election, the respondent, Muhammad Zamin, was declared duly elected. Within 15 days, the present petition, questioning the validity of the election, was presented in the Court of the Additional Munsif. The grounds for questioning the election are set forth in paragraph No. 6 of the petition. In Clause (a), it is asserted that fraudulent proceedings were taken and threats were held out and the defendant, his agents or friends, made unauthorised persons vote in place of rightful voters. Four instances of impersonation were then set forth, and it went on to assert that other names would be given later on after the inspection of the ballot papers. Before the petition was heard, the petitioner was in a position to give further cases of personation and the petition was amended by adding the particulars of six additional cases of alleged personation. The learned Additional Munsif heard the case and found that a certain number of cases of personation were proved; and he accordingly set aside the ele