JUDGMENT

R.C. Lahoti, J.-This appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter the RPA , for short) has been preferred by a candidate who won at the election but has lost in the election petition.

2. Elections for the legislative seat of No. 216, Sabang Legislative Assembly Constituency in the district of Midnapore, West Bengal were held in May, 1996. There were four candidates in the fray. The appellant secured 60453 votes. The respondent No.1 secured 59628 votes. The other two candidates received 594 and 453 votes respectively. On 12.5.1996 the appellant was declared elected by a margin of 825 votes over his nearest rival, the respondent No. 1.

3. On 17.6.1996, the respondent No. 1 filed an election petition laying challenge to the election of the appellant and seeking a declaration that the result of the election was void. A declaration that the respondent No. 1 was duly elected was also sought for. On trial the High Court has allowed the election petition and set aside the election of the appellant declaring the same to be void. No other direction has been made. The appellant and two other candidates who had contested the election were only