JUDGMENT

Ashok Bhan, J.-This appeal is directed against the judgment and order dated 4th August, 2000 passed by the High Court of Orissa at Cuttack dismissing to election petition filed by he appellant challenging the election of respondent Nos. 1 and 3 as Members of Council of States (hereinafter referred to as "Rajya Sabha") in the eletion held on 18th June, 1998.

2. Brief facts leading to the points raised in this appeal are as follows:-

The President of India issued a notification, which was published in the Gazette of India on 30th May, 1998, calling upon the Members of the Electoral College of some of the States to elect Members to the Rajya Sabha in accordance with the provisions of The Representation of the People Act, 1951 (for short "the Act"). Pursuant to the aforesaid Presidential Notification, the Election Commission of India by a Notification of the same date called upon the elected Members of the Orissa Legislative Assembly to elect three Members to the Rajya Sahha. In consultation with the Government of Orissa, the Election Commission also issued another notification appointing the Secretary of the Orissa Legislative Assembly as the Returning Officer and the Joint Se