( 1 ) THIS appeal has been filed by Her Highness the Maharani Vijaya Raje Scindia against an order passed by the Election Tribunal, in Election Petition No. 310 of 1957 decided on 30th November 1957, by which her election to the Guna constituency in the recent parliamentary election has been declared void. The respondent in the appeal was the proposer of one Shri Brij Narain who was also a candidate at the election.

( 2 ) THE facts of the case are as follows: As many as ten candidates had filed their nomination papers for the said election. Seven of them filed the notices of withdrawal of their candidature before the appointed date, and no controversy in respect of their withdrawal exists for determination. Of the remaining candidates one other candidate, by name Shri Brij Narain, sent a notice of withdrawal under section 37 of the Representation of the People Act (hereinafter the Act) through one Ram Swarup Verma on 3rd February 1957. The notice of withdrawal was accepted by the Returning Officer who caused a list of candidates who had withdrawn from the contest to be exhibited and also sent notices to the candidates concerned. At the time of the election, t