Judgement

RAMASWAMI, J.: Both these appeals are brought by certificate against the judgment and decree of the High Court of Judicature at Patna, dated March 26, 1964, pronounced in Election Appeals Nos. 8 and 10 of 1963.

2. The appellant-Kedar Pandey and the respondent-Narain Bikram Sah (hereinafter called Narain Raja) were the contesting candidates in the year 1962 on behalf of the Congress and Swatantra Party, respectively, for the election to Bihar Legislative Assembly from Ramnagar Constituency in the district of Champaran. The nomination papers of the appellant and the respondent and two others-Parmeshwar Prasad Roy and Suleman Khan-were accepted by the Returning Office without any objection on January 22. 1962. Later on the two candidates- Parmeshwar Prasad Roy and Suleman Khan-withdrew their candidatures. After the poll the respondent, Narain Raja was declared elected as member of the Bihar Legislative Assembly by majority of valid votes. On April 11, 1962 Kedar Pandey filed an election petition challenging the election of the respondent. It was alleged by Kedar Pandey that the respondent was not duly qualified under Art. 173 of the Constitution of India to be a candidate for