Judgment

MATHEW, J. :- This is an appeal under S. 116-A of the Representation of the People Act, 1951, from a judgment of the High Court of Patna, by which the High Court dismissed the petition of the appellant for setting aside the election of Respondent No. 1 as a Member of Parliament from 31-Khagaria Parliamentary Constituency, in the election held in March, 1971, and to declare the appellant as the duly elected member from the aforesaid constituency.

2. According to the election programme, the nominations were to be filed from January 27, 1971, to February 3, 1971; they were to be scrutinized on February 4, 1971; poll, if necessary was to be taken on March 5, 1971; the ballot paper were to be counted on March 10, 1971 and the result of the election was to be declared on March 11, 1971. It was in pursuance to this programme that the appellant and Respondent No. 1, along with 10 other candidates, filed their nomination papers. Two of the candidates subsequently withdrew and the contest was among the remaining candidates. The poll was held on March 5, 1971. The counting of the ballot papers took place on March 10, 1971. The respondent No. 1 obtained 73,594 votes and the appellant, 7