In February-March 1957, elections were held to fill up a parliamentary seat from the single-member constituency No. 331, Kanpur. Sri S. M. Banerji, Sri Suraj Prasad and four others were candidates for the said election. The said persons filed their nomination papers between 19th and 29th January, 1957. The appellant was employed as Supervisor 'A' Grade. at the Government Ammunition Factory, Kirkee, and was dismissed from service on January 24, 1956, for a reason other thari corruption or disloyalty to the state; and he was duly qualified to stand for the election. He also filed his nomination paper within the pre_scribed time and ex Jacie it complied with all the provisions of the Representation of the People Act, 1951 (43 of 1951), as amended by Act XXVII of 1956, (hereinafter called the Act), and did not disclose any disqualifications. The Returning Officer held scrutiny of the nomination papers on February 1, 1957. As no objection was taken to the appellant's nomination, the Returning Officer a.ccepted it under s. 36 of the Act without making any enquiry. The polling took place on March 6, 1957, and the result was declared on March 13, 1957. The appellant having secured the largest member of votes, was declared duly elected. On April 24, 1957, the respondent, who is one of the voters in the said constituency, presented a petition before the Election Commission, New Delhi, praying that the election of the appellant be declared void. In the petition he alleged ten grounds to sustain his petition. The Election Commission constituted an Election Tribunal in th~ manner prescr,ibed by the Act and referred the petition to the said Tribunal for trial. On July 17, 1957, i.e., after the prescribed period
