Judgment

SHAH, J. : At the general elections held in February 1967 the appellant polled the largest number of votes and was declared elected to the Punjab Vidhan Sabha from the Zira Constituency. The first respondent S. Mohinder Singh, who was a candidate at the election applied to the High Court of Punjab for setting aside the election of the appellent on the ground that the nomination of the appellant who was not a voter in the Zira Constituency was improperly accepted by the Returning Officer, for the appellant had failed to file before the scrutiny a copy of the electoral roll or the relevant part thereof or a certified copy of the relevant entries of the poll pertaining to the constituency to which he belonged, and that the result of the election to the Zira Constituency insofar as it concerned the appellant was materially affected by improper acceptance of his nomination. The High Court upheld the contention and set aside the election of the appellant and declared the election of the appellant void under S. 100 (1) (d) (i) of the Representation of the People Act, 1951. Against that order the appellant has appealed to this Court.

2. The name of the appellant is included as a vot