Judgment

GOSWAMI, J. :- This election appeal under Section 116-A of the Representation of the People Act, 1951 (briefly the Act) by the appellant, Mohd. Yunus Saleem, the defeated Congress (R) candidate, is against the judgment of the Allahabad High Court wherein he challenges the election of the B.K.D. candidate, Shiv Kumar Shastri (Respondent No. 1) to the Lok Sabha from the 76 Aligarh Parliamentary Constituency in the general elections held in March 1971. This constituency consist of five Assembly constituencies, namely, 876-Aligarh, 377-Koli, 378-Iglas, 379-Khair and 380-Chandaus. There were seven candidates on the run for the election from this constituency. The poll was scheduled to take place in Aligarh and Koli on March 1, 1971 and in Iglas, Khair and Chandaus on March 3, 1971. The polling in Aligarh and Koli was completed peacefully on March 1, 1971 and the appellant obtained the highest number of votes as will appear from the chart given below :

367 377 378 379 380

City Koil Iglas Khair Chandaus Total

Sarva Shri Amar Singh 205 559 603 760 868 2,995

Jagdish Gandhi 500 1,291 1,114 1,103 927 4,937

Pooran Singh Malan 18,385 4,165 310 337 386 23,583

Mohd. Yunus Saleem 44,422 25,