Judgment

GOSWAMI, J.:- This appeal under Section 116-A of the Representation of the People Act 1951 (briefly the Act) is directed against the judgment of the High Court of Gujarat dismissing the election petition of the appellant who is an elector from Mahudha constituency for the Gujrat State Legislative Assembly. The appellant challenged the election of the respondent who had been declared duly elected to the State Legislative Assembly from this particular constituency in the general elections to the Legislative Assembly held in March 1972. The appellant s principal ground of challenge was that at time of the scrutiny of the nomination papers on February 9, 1972, the Returning Officer improperly rejected the nomination paper of one Christian Suleman Jivabhai (hereinafter to be described for brevity as Jivabhai). Jivabhai was not an elector in the Mahudha Constituency of the Legislature Assembly. He was an elector from Shahpur Constituency in Ahmedabad City. Along with the nomination form Jivabhai had enclosed a certified copy of the corrigendum to the Electoral Roll issued by the Registration Officer, who was officer-in-charge of preparation of the Electoral Rolls. On objection be