Judgement

BHARGAVA, J. : There were three candidates for election to the Gujarat State Legislative Assembly from Ankleshwar Constituency No. 144. Respondent No. 1 in the appeal was one of the candidates, who, on being unsuccessful, flied the election petition against the appellant who, as a rival candidate, succeeded in the election Respondent No. 2 was another defeated candidate in the General Elections. The last date for nomination was 20th January, 1967. The nomination papers were scrutinised on 21st January, 1967 23rd January, 1967 was the date for withdrawals and the actual polling took place on 18th February, 1967. The result was declared on 22nd February, 1967.The election of the appellant was challenged by the election petitioner on the ground that the appellant was not qualified to be chosen to fill the seat in the State Legislature on the date of nomination, because he was born on 19th February, 1943 and was less than 25 years of age. The appellant contested this assertion and pleaded that he was born on 15th January, 1942, so that he had attained the age of 25 years even before the date of nomination. The High Court of Gujarat, after taking evidence of both parties, arriv