Judgment

RAY, J.: This is an appeal from the judgment dated 17 July, 1970 of the High Court of Assam and Nagaland dismissing the appellant s election petition.

2. The appellant, respondent No. 1 Odyuo and respondents Nos. 2 and 3 were candidates at 37-Wokha Constituency at the election held in the month of February, 1969 for the purpose of constituting a new Legislative Assembly of the State of Nagaland.

3. The respondent Odyuo was declared elected. Odyuo obtained 1517 votes and the appellant 1485 votes. Odyuo secured 32 votes more than the appellant,

4. The appellant challenged the election of the respondent Odyuo as a member from 37-Wokha Constituency in the Nagaland Constituent Assembly. The grounds for impeaching the election were principally these. First, the result of the election in so far as it concerned the respondent Odyuo had been materially affected by the improper reception of 348 voter cast in his favour by the personnel of the 12th Battalion Assam Rifles then posted at Wokha and also by the wives of some of them who in view of section 20 (3) of the Representation of the People Act, 1950 referred to for the sake of brevity as the 1950 Act were not eligible to be enrolled