Judgment

MATHEW, J. :- The appellant filed an election petition before the High Court under Section 81 of the Representation of the People Act, 1951 (hereinafter called the Act) for setting aside the election of the respondent in the election held in April 26 1970 to the Bihar Legislature Council from Darbhanga Local Authorities Constituency and for declaring the appellant as the duly elected member from the aforesaid constituency. The High Court dismissed the petition and this appeal is directed against that Order.

2. The election from the constituency was notified on March 26, 1970 : the last date for filing nominations was April 2, 1970 (3 p. m.). The appellant and respondents 1 to 5 in the election petition filed their nomination papers and they were all found valid after scrutiny. Respondent No. 5 in the election petition withdrew her candidature. Thereafter the contest was between the appellant and respondents 1 to 4. The poll took place on 26-4-70 and the result of the poll was announced on 27-4-1970. The Appellant secured 60 votes and Respondent No. 1 86 (Respondents Nos. 2, 3 and 4 secured 27, 6, 6 votes respectively) and so Respondent No. 1 (hereinafter referred to as the