Before examining this contention we may mention that from the evidence and circumstances discussed above, the following facts emerge: (i) that the petitioner was a dummy candidate of the Congress; (ii) that R.W. 1 Mohd. Anwar Shah Masoodi had expressed his clear apprehension that there was very little chance of Mohd. Yunis the official candidate of the Congress to win the election, and, therefore, there was every motive for the petitioner to have prepared some ground for asailing the election of the appellant in case he was successful; (iii)that on the date of the scrutiny of the nomination papers neither the petitioner nor his proposer were present before the Returning officer; (iv) that at the time of the scrutiny the appellant either personally or through his counsel definitely raised an objection about the genuineness of the signature of P.W. 1 Ghulam Mohiuddin on the nomination paper Ext.