JUDGMENT

Kapadia, J.-Whether the election petition filed by the appellant was lacking in material facts as required under section 83(1)(a) of the Representation of the People Act, 1951 (hereinafter referred to as "the said Act") is the question which arises for determination in this appeal referred under section 116-A of the said Act.

2. The appellant was a member of Indian Administrative Service having 40 years service to his credit and who was 59½ years old. By letter dated 13.3.2002, he sought voluntary retirement under rule 16(2) of All India Services (Death-cum-Retirement Benefits) Rules, 1958 (hereinafter referred to as "the 1958 Rules") with immediate effect. Appellant was registered as an elector at 535, Halqa No. 62, Mujeggar Plot No. 9A, Section-6, Faridabad in the State of Haryana and eligible to contest election to Rajya Sabha, in which two vacancies had occurred which were to be filled from the State of Haryana. A notification was issued to fill up the two vacancies under which the last date of filing the nomination papers was 14.3.2002, the date of scrutiny was 15.3.2002, last date of withdrawal was 18.3.2002 and the date of polling was 27.3.2003. The appellant sought