Judgment

HEGDE, J.:- These are cross-appeals under Section 116-A of the Representation of the People Act, 1951 (to be hereinafter referred to as the Act) arising from an election petition filed by the first respondent (who for the sake of convenience will hereinafter be referred to as the respondent), before the High Court of Patna.

2. During the last mid term election for the Bihar Legislative Assembly held in the beginning of 1969, the appellant, the respondent and 11 others contested from the Arrah Assembly Constituency. The last date for filing the nomination was January 8, 1969 and the date of scrutiny was January 9, 1969. The poll took place on February 9, 1969 the votes were counted on the next day. The appellant was declared elected as having obtained the highest number of votes i.e. 13,556. His nearest rival was the respondent who secured 12,278 votes. The appellant was the nominee of the Socialist party and the respondent was the nominee of the Congress Party.

3. After the publication of the results in the official gazette, the respondent filed the election petition challenging the validity of the appellant s election on various grounds. The principal ground taken by her was