Judgment

SIKRI, J. :- This is an appeal under Section 116A of the Representation of the People Act, 1951-hereinafter referred to as the Act - from the judgment of the High Court of Judicature at Patna dismissing Election Petition No. 8 of 1967 filed by the appellant Pashupati Nath Singh hereinafter referred to as the petitioner. In order to appreciate the point arising before us it is necessary to state the relevant facts.

2. The petitioner stood as a candidate for election to the Bihar Legislative Assembly. The election to that Assembly from the Dumrao Assembly Constituency was held during the last general election as per the following schedule :

"(a) Date of filing nomination papers - 13th January, 1967 to 20th January,1967.

(b) Date of scrutiny of nomination papers -21st January, 1967.

(c) Last date of withdrawal of candidatures -23rd January, 1967.

(d) Date of poll 17th February, 1967.

(e) Date of counting of votes - 23rd February, 1967.

(f) Date of declaration of result of the election - 23rd February, 1967".

The petitioner filed his nomination paper before the Returning Officer at Buxar on January 16, 1967. Eight other candidates, including the respondent Harihar Prasad Singh, filed t