Judgment

MAHAJAN, C.J.I. : This is an appeal by special leave against the decision of the Delhi Election Tribunal dated 11th November 1952 in Election Petition No. 10 of 1952.

2. The appellant Jagan Nath was elected a member of the Delhi State Legislative Assembly from Constituency No. 25 (Roshanara) of the Delhi State. The polling in this constituency took place on the 14th January 1952. On the 26th April 1952 which was the last date under the law for the presentation of an election petition, Jaswant Singh (Respondent No. 1) presented such a petition before the Secretary of the Election Commission at New Delhi challenging the election of the appellant and contesting the order of the Returning Officer rejecting his nomination paper.

In the petition he impleaded as respondents, Brahma Sarup, Ram Prashad Poddar and the appellant, Jagan Nath, but he omitted to implead, as required by S. 82 of the Representation of the People Act, 1951, Baijnath, one of the candidates, whose nomination had been accepted but who had withdrawn his candidature subsequently.

3. On the 14th July 1952 the Election Commissioner appointed an Election Tribunal comprising Respondents 5 to 7. This appointment was pub