Judgment

GAJENDRAGADKAR J. : This appeal by special leave arises from the election petition filed by respondent 1 (No. 353 of 1957) in which he claimed a declaration that the election of the appellant as a member of the Bihar Legislative Assembly Manner Constituency should be declared to be void. In the last General Election for the said constituency which was held in February-March 1957 there were three candidates, the appellant, respondent 1 and respondent 2. The last date for filing nomination papers at the said election was January 29, 1957 the said papers were scrutinised on February 1, 1957. Respondent 1 had challenged the validity of the appellants nomination paper at the said scrutiny but the returning officer had overruled the objection raised by respondent 1 and had accepted the nomination paper of the appellant along with those of the two other candidates. After the counting of votes was done on 3-8-1957, the appellant was declared duly elected at the election inasmuch as he had got 9,826 votes while respondents 1 and 2 had got 7,526 and 49 votes respectively. Thereupon respondent 1 filed his election petition under S. 81 of the Representation of the People Act, 1951 (her