JUDGMENT

K. Venkataswami, J.-Aggrieved by the dismissal of his Election Petition No. 36 of 1990 on the file of High Court of Madhya Pradesh, the appellant has filed the present appeal under Section 116-A of the Representation of the People Act, 1951, hereinafter called the Act.

2. In the election held in the month of February, 1990 for No. 44 - Jatara Constituency in the District of Tikamgarh, Madhya Pradesh, the appellant alongwith 24 other candidates contested in that constituency by filing nomination. The appellant polled 13, 716 votes while respondent No. 2 was polled 15, 221 votes. Respondent No. 2 having secured 1505 votes, more than the votes polled by the appellant, was declared elected to the said Constituency. The appellant challenged the election of the second respondent by filing the Election Petition in the High Court.

3. The main grounds of attack in the Election Petition were that his full name is Akhand Pratap Singh Yadav , but in the voters list as well as in the ballot papers his name was shown as Akhand Pratap Singh . The failure to give his surname Yadav & both in the voters list and in the ballot papers had materially affected the voting and the result of the