ORDER

This is an appeal against the judgment of Jharkhand High Court dismissing the election petition filed by the appellant herein.

2. The electors of 318 Panki Legislative Assembly Constituency were called upon by the Election Commission to elect a member for the then Bihar Legislative Assembly. 24th January, 2000 was fixed as the last date for filing nomination papers, whereas the date fixed for scrutiny of nomination papers was 25th January, 2000. As per the programme, the polling was to take place on 12th February, 2000. As a result of counting of votes, the respondent No. 1 herein was declared elected having been polled 17095 valid votes whereas the appellant herein was shown to have secured 17058 valid votes. The appellant herein filed an election petition challenging the election of respondent No. 1 herein-returned candidate wherein prayers for setting aside the election of the returned candidate and a further relief that he may be declared elected from 318 Panki Legislative Assembly Constituency after inspection and scrutiny of 258 illegally rejected ballot papers in respect of Booth No. 35, were made.

3. Respondent No. 1 instead of filing a written statement in the election