Judgement

BHARGAVA, J.: This appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as "the Act") has been filed by two appellants whose election petition for setting aside the election of respondent No. 1 has been dismissed by the High Court of Mysore. Appellant No. 1 was one of the candidates who filed his nomination for election to the Mysore Legislative Assembly from Shiggaon Constituency in the District of Dharwar. Appellant No. 2 was a voter in that Constituency. The notification fixing the time-schedule for the elections was issued on the 13th January, 1967, fixing 20th January, 1967 as the last date for filing nominations, 21st January, 1967 as the date of scrutiny, and 23rd January, 1967 as the last date for withdrawal of candidature. According to the appellants, only eight candidates filed their nominations within time up to 20th January, 1967. One of them was appellant No. 1. Respondent No. 1 was not included amongst the seven other candidates and his nomination paper was subsequently introduced amongst the records of the Returning Officer on behalf of respondent No. 1 with the aid of the Returning Officer. The Returning Officer