JUDGMENT

Shivraj V. Patil, J.-These appeals are filed under Section 116-A of the Representation of People Act, 1951, aggrieved by the judgment and order dated 29.1.1998 of the High Court of Judicature at Bombay made in election petition No. 5 of 1996. Since the election petition was dismissed upholding the preliminary objection by the respondent No.3, we consider it unnecessary to narrate the pleadings and facts in detail. However, the relevant and material facts, which are considered necessary for the disposal of these appeals, briefly stated, are the following.

2. The appellant filed election petition No. 5 of 1996 impugning the election of the respondent No. 1 to be void under section 100(1)(b) and 100(1)(d)(ii) and 100(1)(d)(iv) read with section 123(4) of the Representation of People Act, 1951 (for short "the RPA ) and sought for further declaration that he should be declared as elected. One Sampatrao Yadav Deshmukh was elected to the Maharashtra State Assembly from Bhilawadi-Wangi Constituency No. 270 of Sangli District in the general election held in the month of March, 1995. He died on 6.5.1996. Consequently, a notification was issued on 13.9.1996 for holding bye-elect