" This right petitioning shows that the Act contemplates, in regard to petitions, not merely the rights of candidates not returned, but the rights of the constituency to insure that the person really elected should be their member; and this without the cost and disturbance of a new election, as the judge 's decision in favour of such claim is final." " It appears to us that it would be an infringement of this right, if, a petition having been presented by one person (in this case a candidate) claiming the Beat, the claim to the seat could be withdrawn by the mere motion of the person presenting it, after the twenty one days, when no other petition could be presented, and thus the voters be prevented from claiming (1) , 413, 414. 415, 417 627 the seat for one who may be the duly elected representative; or, on the other hand, from shewing by means of the recriminative charges which put in issue the claim, that the claimant is not a person entitled to the seat by that election or that he is disqualified for future elections; such withdrawal not being accompanied by the power to substitute another person as petitioner, by means of which the inquiry might be gone into at the trial. " " It appears to us that the withdrawal of this portion of the prayer of the petition is in pari materia with, even if it is not within, the provisions of the Act relative to the withdrawal of a whole petition." " It is also to be observed that, although petitions may be presented at the last moment, it is commonly known in the county or borough that such petitions are likely to be presented ; and if any suspicion exists that they are sham petitions, means are taken by those who are in earnest to lodge petitions; and the entire withdrawal of collusive petitions is guarded against by the provisions of the Act to which we have alluded." " In one point of view it is an argument against our allowing this prayer to be withdrawn, that, if there be no power under the withdrawal clauses to substitute a person for the petitioner as to this prayer, the constituency will be without means of proving either that the petitioner is the duly elected member, or to answer his allegation that he is elected, or to shew that he is unfit to serve in a future parliament, he himself having raised this issue by claiming the seat.