SYED M.FAZAL ALI, J.

(1) THIS is an. appeal against the judgment of S. Malik, J. of the Allahabad High court who was assigned as an Election Judge to hear the election petition filed by the appellant in the High court. The election petition was filed by the appellant who was one of the ten candidates for the membership of the U. P. Legislative council from Basti-cum-Gorakhpur Local Authority constituency. The results of the aforesaid election were declared on 30/04/1974 and the appellant filed the election petition in the High court on 8/07/1974 praying that the election of respondent No. 1 be declared void and that the appellant be declared to be duly elected. The election petition was placed for hearing before the learned Judge after he was assigned as a judge to hear the election petition by the chief justice and the learned Judge framed 20 issues in the case. Issue No. 8 related to the question as to whether the election petition had been properly presented and was within time. As issue No. 8 related to the maintainability of the petition on the point of limitation, the learned Judge took up this matter as a preliminary issue, and after hearing the parties