JUDGMENT

R.C. Lahoti, J.-An election, to choose one member to the Jharkhand Legislative Assembly from 23 Ramgarh Assembly Constituency, was held in the month of January-February 2001 to fill up the vacancy caused by the death of the then sitting member. Though there were more than two candidates in the election fray, the legal battle in the Court arena has continued only between the appellant and the respondent, the two out of the several candidates, in the backdrop of the controversy arising for decision. The nomination paper filed by the appellant was rejected by the returning officer. He could not participate in the elections. The respondent was declared elected on 23.2.2001. An election petition, laying challenge to the election of the respondent and seeking setting aside of his election, was filed in the High Court of Jharkhand at Ranchi. The facts relevant for the purpose of appreciating the issues arising for decision in this appeal, are briefly set out hereunder.

2. As per the election programme notified by the Election Commission of India, the nomination papers could be filed on January 25, 2001 through January 31, 2001 between 11 a.m. and 3 p.m. before the returning officer