( 1 ) CONSIDERING urgency of this matter, as it appertains to election of the Krishi Upaj Mandi Samiti, we have heard this expeditiously. ( 2 ) RETURN has come but nothing turns on that. What we have to read is found in its entirety in the impugned order itself. Thus, valid complaint in this matter against the impugned order is that it had been passed on misconception of law and in that regard we have to say something. We do not have an iota of doubt even reading what we found in para 8 of the impugned order that the nomination paper of respondents 9 to 13 in the election petition had been rejected illegally. It is the finding of the Tribunal disposing the election petition, that we accept to reiterate and enforce. The Tribunal has held in categorical terms that those persons had produced receipts and on that basis thereof the allegation against them of being defaulters could not be sustained. However, unfortunately, the election petition was dismissed on a different ground to which we presently advert. ( 3 ) THERE are two sets of Rules to be read in the relevant M. P. Krishi Upaj Mandi (Adhisuchana. Gathan) Niyam, 1974. Two different types of rights are envisaged under Rr. 17 and 43 respectively as indicated by the Chapter captions. Rule 17 is found in Chap, VIII which appertains to process of "nomination of candidates" while Chap. XI deals with the subject of "election petition". There is no doubt that during the course of election right to contest decision rendered on a nomination paper is made subject-matter of an appeal under R. 17 and that right is reserved to the candidate or to his proposer. While, the right envisaged under R. 43 is a wider right to be exercised by candidates as also by "any voter" of the constituency concerned. This appears clear from the provisions of sub-rule (5) of R. 43. ( 4 ) THE purpose of election petition and the result that may obtain on disposal of such a petition are clearly expressed in Rr. 43 and 44. This appears clear from the provisions of sub-rule (5) of R. 43. ( 4 ) THE purpose of election petition and the result that may obtain on disposal of such a petition are clearly expressed in Rr. 43 and 44. As per R. 43 (1), a declaration may be made in the election petition that an election of any or all the candidates is void among other reliefs that can be granted; while under R. 44, an election may be declared void, among others, the ground that "any nomination paper has been improperly rejected". ( 5 ) IN the instant case, we have no doubt at all that the election tribunal has acted illegally and without jurisdiction in dismissing the election petition, holding that the petitioner who was a voter had no right to agitate the question of illegal rejection of the nomination papers of the candidate who figured as respondents 9 to 13 in the election petition. On the finding of the Election Tribunal, the position of facts has been well established that their nomination papers had been illegally rejected and on that ground the election could be declared void but that was not done on misconception of law as hereinabove explained. ( 6 ) IN the circumstances aforesaid, we have no hesitation to hold that the Additional Collector, Guna, who heard and decided the election petition, acted illegally and without jurisdiction in dismissing the election petition. We accept the findings arrived by him in para 8 of his order and we hold accordingly that the election was vitiated for illegal rejection of the nomination papers of not one but five candidates who figured as respondents 9 to 13 in the election petition. We, accordingly, declare the election to be void of the concerned constituency namely of Traders of Krishi Upaj Mandi Samiti, Ashoknagar. ( 7 ) IN the result, the petition succeeds and is allowed but we make no order as to costs. ( 8 ) SHRI Lahoti submits that while dismissing the election petition, the Additional Collector had also ordered forfeiture of the security. That order also stands quashed because of the view we have taken. ( 9 ) THE outstanding amount of security shall be refunded to the petitioner. Petition allowed. .